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(영문) 서울남부지방법원 2015.01.08 2014노1573
사기
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The summary of the grounds for appeal (i.e., the first instance court: imprisonment with prison labor for 1 year; and (ii) imprisonment with prison labor for 6 months) by the court below is too unreasonable.

2. We examine ex officio prior to the judgment on the Defendant’s assertion.

Each appeal case against the defendant was consolidated in the trial of the court, and the facts constituting the crime in each of the above cases are concurrent crimes under the former part of Article 37 of the Criminal Act, and only one punishment shall be imposed against the defendant under Article 38 of the Criminal Act. In this regard, the judgment of the court below which rendered a separate punishment for the facts constituting the crime in each of the above cases cannot be maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed in its entirety, and it is so decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to those stated in each corresponding column of the judgment below, and they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among the concurrent crimes: Type 1 of the Reasons for the Sentencing [Determination of Punishment] (Determination of Punishment of Punishment of Fraud more than KRW 100,00,000, less than KRW 500) [Determination of the recommended area] the basic field [Determination of the recommended area] 1-4 years to 2 years [Determination of the recommended area] the basic area [Determination of the recommended area] the basic area [Determination of the recommended area] 6-2 years to 2 years, including the forgery, alteration, etc. of private documents]

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