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(영문) 인천지방법원 2014.04.09 2013노3218

사기

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The gist of the grounds for appeal is too unreasonable as each of the original judgments is too unreasonable.

2. Prior to the judgment on the defendant's assertion of ex officio, this Court decided to hold a joint hearing of each appeal case against the judgment below, and 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 shall be sentenced to a single sentence pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided following the oral argument as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. In full view of the following factors, among concurrent crimes, the reasons for sentencing under the former part of Articles 37 and 38(1)2 of the Criminal Act and the records and arguments of the case, and the facts that the defendant had the same criminal records, including the conditions of sentence and the criminal records of suspended execution, and that the damage to the victim C and I has not been recovered, the sentence shall be determined as ordered.