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(영문) 춘천지방법원 강릉지원 2019.10.31 2019노290
사기
Text

Of the judgment of the court of first instance, the crime No. 7 of the annexed crime list (1) No. 7 and the case No. 2019 order549.

Reasons

1. The summary of the grounds for appeal (e.g., the form of punishment) of the lower court (e.g., the form of punishment of the lower court: 2 months of imprisonment with prison labor for each of the crimes listed in Nos. 1 to 6 in the annexed list of crimes (1) of the 2019 High Court Decision : 2019 High Court Decision : 1) and the following are too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The first and second parts of the judgment were sentenced to each of the defendants, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. Among the first parts of the judgment of the court of first instance, each of the crimes in the attached Table 2019Kadan290 (1) and the crimes in the second parts (excluding the part of the compensation order) and in the second parts of the crimes in the attached Table 2019Kadan549 (1) of the judgment of the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus the first and second parts of the judgment cannot be maintained as they are.

However, among the judgment of the court of first instance, each of the crimes listed in subparagraphs 1 through 6 of the annexed list of crimes (1) in the annexed list of crimes (1) in the annexed list of crimes in the annexed table of 2019Kadan290 among the judgment of the court of first instance is in a concurrent relationship with the crime of fraud, etc. finalized on December 28, 2018 and the latter part of Article 37 of the Criminal Act. Therefore, notwithstanding the consolidated examination decision of this court, each of the above crimes must be sentenced separately to the crime of the judgment of the court of second instance. Thus, the above parts cannot be reversed solely on

3. Determination on the assertion of unfair sentencing (the part on two months of imprisonment in the judgment of the court of first instance) is based on the statutory penalty, and the discretionary determination takes place within a reasonable and appropriate scope, taking into account the conditions of sentencing under Article 51 of the Criminal Act, based on the statutory penalty. The Criminal Procedure Act of the Republic of Korea, which takes the trial-oriented principle and the direct principle, has its own territory

3.2

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