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(영문) 서울중앙지방법원 2013.11.21 2013노1288
사기등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The summary of the grounds for appeal (e.g., in light of the background leading up to the Defendant to commit the instant crime and the degree of participation in the instant crime, the sentence of the lower court against the Defendant (e.g., the first lower court: imprisonment with prison labor for a year and six months and the second lower court: six months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first and second court sentenced the defendant to the punishment for each of the above judgments, and the defendant filed an appeal against each of the above judgments, and the court of the first and second court also tried by combining the above appeals cases. Each of the crimes of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment where the aggravated punishment for concurrent crimes is imposed in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment below against the defendant cannot be exempted from reversal.

3. If so, the judgment of the court below is reversed, without examining the defendant's assertion pursuant to Article 364 (2) of the Criminal Procedure Act, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders.

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