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(영문) 의정부지방법원 2019.09.26 2019노434
사기등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

(a) Defendant (as to the original judgment of the first and second courts), each of the sentencing division (as to the original judgment of the second and second courts: Imprisonment with prison labor for a period of four years, and with labor for a period of one year and eight months);

B. The Prosecutor (the first judgment of the court below)’s sentencing and warning

2. On the defendant, the first and second original judgments are sentenced to each of the judgment below, and the defendant filed an appeal against each of the above second original judgments, and this court decided to concurrently examine the above two appellate cases. The crimes in the first and second original judgments against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the first and second original judgments cannot be maintained as they are, since they are concurrent crimes under Article 38(1) of the Criminal Act.

3. If so, the judgment of the court of first and second instances on the grounds of the above ex officio reversal, and thus, without examining the grounds of unfair sentencing by the defendant and the prosecutor, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment in multiple times] Criminal facts and the summary of evidence against the defendant recognized by the court in this court in the summary of the evidence of the first instance judgment are as follows: "Partial statement of the defendant in the second trial records" in "2016 High-Ma2891" in "2016 High-Ma2891", "Partial statement of the defendant in the seventh trial records" in "2017 High-Ma1589" in "10 High-Ma1589", "Partial statement of the defendant in the 13th trial records" in "2017 High-Ma4017", "Partial statement of the defendant in the 13th trial records" in "2018 High-Ma237", "Partial statement of the defendant in the 2018 High-Ma2494", "Partial statement of the defendant in the 2018 High-Ma2494" and "court statement of the defendant in the 2018 High-Ma2973".

Application of Statutes

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