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(영문) 인천지방법원 2013.07.05 2013노749
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for each of the crimes listed in the attached Table 1, 2, 4, 7, and 8.

Reasons

1. The summary of the grounds for appeal is unreasonable since the court below sentenced two punishments to the defendant, even though the court below sentenced two punishments to the defendant, and the court below's sentence (one year of suspended execution in four months of imprisonment) is too uneasible.

2. On May 13, 201, as recognized by the court below, the defendant was sentenced to a suspended sentence of two years for fraud, etc. at the Seoul Western District Court on May 13, 201, and the judgment became final and conclusive on the 21st day of the same month. Among each of the crimes listed in the judgment of the court below, the crimes listed in Articles 1, 2, 4, 7, and 8 of the annexed Table 1, 37 of the Criminal Code are crimes committed before the above judgment becomes final and conclusive, and the crimes listed in the latter part of Article 37 of the Criminal Code are concurrent crimes with the crimes listed above. Among each of the crimes listed in the judgment of the court below, the crimes listed in Articles 3, 5, 6, 9, and 10 of the annexed Table 37 of the Criminal Code and the crimes listed in Article 2 of the judgment of the court below are committed as crimes committed against one another after the above judgment of the court below becomes final and conclusive, and all of the crimes listed in the annexed Table 1, 2, 36, 5, and 17 of the annexed sentence.

3. Thus, the prosecutor's appeal pointing this out has merit. Thus, without examining the prosecutor's remaining grounds of unfair sentencing, the decision of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the decision is again rendered as follows.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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