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(영문) 제주지방법원 2018.12.13 2018노566
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a maximum term of one year and two months and a short term of one year.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (one year and six months of imprisonment, one year of short term, one year of imprisonment, and eight months of long term and six months of short term) is unduly unfair. However, prior to the judgment on the grounds for appeal above, prior to the judgment on the grounds for appeal, arguments were joined in the trial in the trial in the case of a party by filing an appeal against the judgment of the court below. Each of the crimes in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, which are all concurrent crimes under the former part of Article 38(1) of the Criminal Act, and a single punishment shall be imposed at the same time under Article 38(1) of the Criminal

Therefore, all the judgment of the court below is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, and it is again decided after the pleading as follows.

Criminal facts

The summary of the evidence and the summary of the 2018 High Order 2018 High Order 1955, 3rd Order 2, “the same day” is the same as the corresponding column of the judgment of the court below, except in the case of “ around May 31, 2018,” and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 2 and 60 (1) of the Juvenile Act, which have been sentenced to an irregular sentence;

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