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(영문) 인천지방법원 2015.07.15 2015노1659

사기등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The gist of the grounds for appeal is too unreasonable to the lower court’s respective punishment.

2. Prior to the judgment on the grounds for appeal by the defendant, this Court decided to hold a joint hearing of each appeal case against the judgment of the court below. Each of the offenses against the defendant in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any

3. According to the conclusion, the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the grounds of unfair sentencing, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 352 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) various conditions for sentencing specified in the records and arguments of this case; and (b) the Defendant continued to commit each of the crimes against many victims despite the fact that the Defendant had been punished several times due to a similar veterinary act; and (c) the injury has not been recovered.