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(영문) 서울고등법원 2014.12.23 2013노2781
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

All the judgment of the first instance court against A, excluding the dismissal of prosecution, shall be reversed.

Reasons

1. The summary of the grounds for appeal refers to the first instance court’s 2012 Gohap1711, 2013 Gohap291 (Consolidated) case in Seoul Central District Court (“Seoul Central District Court”) and the first instance court’s 2013 Godan5022 case in Seoul Central District Court (“Seoul Central District Court”) and the Suwon District Court’s 2013 Godan338-1 (Separate Division) case “2013 Godan3338-1 (Separate Division).”

The sentence of imprisonment (two years of imprisonment), the sentence of the first instance (six months of imprisonment) and the sentence of the first instance (Separation) in the case of the 2013rd and 338-1 (Separation) is too unreasonable.

2. The court of first instance, the court of first instance, the court of first instance, the court of first instance, the court of first instance, and the court of first instance, the court of first instance, the court of first instance, the court of first instance, and the court of first instance, the court of first instance, each of which ordered the defendant to be sentenced to each of the criminal offenses, and the defendant filed an appeal against the judgment of first instance, the court of first instance, the court of first instance, the court of first instance, and the court of first instance, the court of first instance, the court of first instance, the court of first instance, the court of first instance, the court of first instance, the court of first instance, and the court of first instance, the court of first instance, prior to the judgment on the defendant's assertion of ex officio, decided to jointly examine the above appeal cases. Since each of the offenses against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, the court of first instance should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act.

3. As such, the judgment of the court of first instance against the defendant has a ground for ex officio reversal as seen above, without examining the defendant's argument, all remaining parts of the judgment of the court of first instance against the defendant A except the dismissed part among the judgment of the court of first instance as to the defendant A pursuant to Article 364 (2) of the Criminal Procedure Act are reversed, and they are

[The reasons for the decision of the court] The criminal facts against the defendant recognized by the court and the summary of the evidence correspond to each of the judgments of the court of first instance.

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