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(영문) 인천지방법원 2018.07.24 2018노70
사기등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. Each punishment (the judgment of the court of first instance: imprisonment with prison labor for 2 years, and imprisonment for 6 months) that the court of second instance rendered by the defendant (unfair sentencing for 2 years) is too unreasonable.

B. The sentence sentenced by the prosecutor (in the judgment of the second court, the sentencing is unfair only in the case of the judgment of the second court) is too unhutiled and unfair.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the judgment of the court below was rendered ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor, and the defendant filed an appeal as to each of the above judgment of the court below, and the prosecutor filed an appeal as to each of the judgment of the court below in the second instance, and the court decided to hold a joint hearing as to each of the above judgment of the court below. The crimes of the first and second judgment with respect to the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the above ex officio reversal grounds, and it is again decided as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column 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. Relevant legal provisions of the Criminal Act and Article 347(1) of the Criminal Act (the point of fraud), Articles 6(1) and 3 of the Act on the Regulation of Similar Receiving Acts, Article 30 of the Criminal Act (the point of receipt of similar duties, including the point of receipt), and each choice of imprisonment with labor

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which recognize all of the crimes of this case and reflects his mistake.

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