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(영문) 수원지방법원 2021.01.22 2020노2925
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

The summary of the grounds for appeal is as follows: Each punishment of the court below (one year and six months imprisonment, and one year and six months) is too unreasonable.

2. The Defendant filed an appeal against all of the judgment below, and this court decided to hold a joint hearing of two appeals cases.

Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

【The reasoning of the judgment in its entirety 【The facts constituting a crime and the summary of the evidence admitted by the court in question, and the summary of the evidence as to the facts constituting a crime and the summary of the evidence, the summary of the judgment in the second instance court’s judgment citing “1. Part of the Defendant’s court statement” as “1. Defendant’s court statement” is identical to each corresponding column of the judgment of the court below excluding the fact that “1. Defendant’s court statement” was referred to as “1. Defendant’s court statement.” Thus, it is cited as it is in accordance with Article 3

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, Article 347 of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. The defendant, on the grounds of sentencing of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with punishment No. 4, a year of punishment No. 4, a year of punishment No. 1, a year of punishment No. 4, a year of punishment No. 1, the most severe, is recognized) of the aggravated concurrent crimes, is recognized to commit the instant crime.

There is no record of punishment exceeding the same kind of power and fine.

However, the crime of Bosing is hard to regulate because the method of crime is tight and intelligent, and it is not easy to recover damage as well as non-discriminatory and anti-discrimination.

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