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(영문) 서울남부지방법원 2020.09.17 2019노1680
사기등
Text

The part of the judgment of the court of first instance except for compensation order and the judgment of the court of second, third, and fourth shall be reversed in entirety.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The sentence of the judgment of the court below (the judgment of the court of first instance: imprisonment with prison labor for 1 year, 2 years: imprisonment for 8 months and 3 months: imprisonment for 8 months and 4 months): imprisonment with prison labor for 4 months) is too unreasonable.

B. The sentence of the judgment of the court of first instance by the prosecutor (one year of imprisonment) is too unhued and unreasonable.

2. The appeal case against the judgment of the court below was joined in the judgment of the court below for ex officio judgment. Each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and the sentence should be imposed within the period of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below should be

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment of the court below (the judgment of the court of first instance excludes the compensation order) are all reversed, and it is decided as follows through pleading.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the act described in the list Nos. 2 through 7 against the victim B, inclusive, shall be punished by imprisonment with prison labor) and Article 89-2 subparag. 1 of the Military Service Act;

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

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. The reason for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Sentence of Provisional Execution, the Defendant committed a crime again during the suspended execution period due to fraud, etc. of the same law, and multiple victims have occurred, and

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