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(영문) 인천지방법원 2014.04.09 2013노3298

사기

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable.

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

Therefore, without further proceeding to decide on the grounds for appeal on the grounds of unfair sentencing by the Defendant, the lower judgment is reversed ex officio under Article 364(2) and (6) of the Criminal Procedure Act, and the following is again decided upon through pleading.

Criminal facts

As stated in each corresponding column of the judgment of the court below, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act (i.e., reasons stated in the reasons for the suspended sentence) are specified in the records and arguments of the instant case, and the facts agreed with the victims during the period of trial.