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(영문) 인천지방법원 2017.12.20 2017노3478

사기

Text

The judgment of the court below (excluding the part concerning the application for compensation order among the judgment of the court of first instance) shall be reversed.

The defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the first instance court to the defendant (three years and six months of imprisonment) is too unreasonable.

(b) The sentence sentenced to the Defendant by the second instance judgment of the Prosecutor (4 months of imprisonment) is too unhued and unreasonable;

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

The Court held that each appeal case against the judgment of the court below was consolidated and tried, and that each offense against the defendant at the time of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, should be punished as a single sentence within the scope of aggravated punishment in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below (excluding the part concerning the application for compensation order among the judgment of the court of first instance) cannot be maintained any more.

3. In conclusion, the judgment of the court below (excluding the part concerning the application for compensation order among the judgment of the court of first instance) is reversed, and the judgment of the court below (excluding the part concerning the application for compensation order among the judgment of the court of first instance) is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the aforementioned ex officio reversal grounds, and it is again decided following the pleadings.

[Re-written judgment] (excluding the part concerning the application for compensation order) criminal facts and the summary of evidence recognized by the court are as stated in the corresponding column of the judgment of the court below, and thus, the summary of the criminal facts and evidence recognized by the court is identical to that of the judgment of the court below pursuant to Article 369 of the Criminal Procedure Act (Article 25(1) of the Rules on Criminal Procedure: Provided, That ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, "J" 4 of the daily list of crimes is corrected as "D", and "J" 4 of the list of crimes is corrected as "D."

“A change to “, and the remainder of each of the above shares shall be corrected to be deleted.” Application of Acts and subordinate statutes

1. Article 347(1) and Article 347(1) of the Act on Criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

1. Aggravation concurrent crimes;