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(영문) 서울남부지방법원 2018.05.18 2017노2004
사기등
Text

Of the judgment of the court of first instance, the part concerning the defendant's case and the judgment of the court of second instance shall be reversed.

The defendant shall be punished by imprisonment for a maximum term.

Reasons

1. The summary of the grounds for appeal (unfair sentencing: imprisonment with prison labor for a maximum of one year and six months, a short of one year, a short of one year, a confiscation, and a second instance: imprisonment with prison labor for a maximum of one year and two months, and a short of ten months) that the court below pronounced is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The judgment of the court below in the first and second instances against the defendant was rendered, and the defendant filed an appeal against it, and this court decided to hold a joint hearing of the two appeals cases.

The first and second judgment of the court below with respect to each of the offenses against the defendant in the first and second judgment is in a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below against the defendant cannot be maintained.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below No. 1 and the judgment of the court below No. 2 are reversed pursuant to Article 364(2) of the same Act, and it is again decided as follows. Since the application for remedy order by the applicant for compensation is well-grounded, it shall be accepted in accordance with Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and with respect to the declaration of provisional execution, it is decided as per Disposition by applying Article 3

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 347(1), 30 (Crime of Fraud), 352, 347(1), and 30 (Crime of Attempted Fraud) of the Criminal Act, and each choice of imprisonment with prison labor, respectively;

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 of the Juvenile Act, which are irregular.

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