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(영문) 인천지방법원 2014.12.18 2014노47
사기
Text

All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that the defendant.

Reasons

1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for three months and the second judgment: imprisonment with prison labor for four months) declared by the original court against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the first instance court's 2014No300 case against the second instance court's 2014No47 case against the second instance judgment, which is the appeal case against the second instance court's judgment, was consolidated in the oral proceedings. Each of the crimes recognized by the first and second instance court against the defendant is in a concurrent crime under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single punishment within the scope of the term of punishment subject to aggravated concurrent crimes under Article 38 (1) of the Criminal Act. Next, on January 10, 2014, the defendant was sentenced to a suspended sentence of one year for fraud at the Incheon District Court's imprisonment with prison labor for four months at the Incheon District Court, and the above judgment became final and conclusive on January 18, 2014. As such, each crime recognized by the first and second instance court is related to a concurrent crime under the latter part of Article 37 of the Criminal Act, and thus, the court below's decision to cease to be mitigated or exempted from punishment.

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

Criminal facts

The summary of the facts constituting a crime recognized by this court and the summary of the evidence thereof are as stated in the corresponding column of the judgment below, except for adding "a suspended sentence of imprisonment with prison labor for four months at the Incheon District Court on January 10, 2014, and the judgment became final and conclusive January 18, 2014" to the first head of the crime. Thus, the Criminal Procedure Act is the same.

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