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(영문) 수원지방법원 2018.08.29 2018노3594
컴퓨터등사용사기등
Text

The part of the judgment of the court of first instance excluding the compensation order and the judgment of the court of second instance shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment of 1 year and 6 months, compensation order of 450,000 won, and 2 months: imprisonment of 2 months) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to examine the two cases of appeal by combining the two cases of appeal against the defendant. The crimes of each case deliberated in the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and as to this, a single sentence shall be imposed within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance excluding compensation order and the judgment of the court of second instance cannot be exempted from all reversal.

3. In conclusion, the part of the judgment of the court below excluding the compensation order among the judgment of the court below 1 and the judgment of the court below 2 are reversed ex officio as above. Thus, the judgment of the court below excluding the compensation order among the judgment of the court below 1 is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without further proceeding to decide on the

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347-2 of the Criminal Act, the choice of punishment for the crime, Article 347-2 of the Criminal Act, Article 350 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment for each of the following:

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes, are divided into one’s own mistakes, against each other, and the defendant does not commit a second offense, and the court below made an agreement with the victim D, G, S, andV at the trial, and reached an agreement with the victim AY at the trial, the damage incurred to some victims, and the defendant exceeds the fine.

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