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(영문) 인천지방법원 2014.11.07 2014노3386
사기
Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for three months and by imprisonment for two crimes as stated in the judgment of the court.

Reasons

1. The sentence imposed by the court below against the defendant (three months of imprisonment with prison labor for the crime No. 1 and two months of imprisonment with prison labor for the crime No. 2 in its holding) is too unreasonable.

2. In light of the fact that the accused has been sentenced to a fine once due to the same crime and a one-time suspended sentence, the sum of the amounts obtained by the accused with respect to each of the crimes of this case is not sufficient, and that the crime of paragraph 2 of the holding is more poor than the quality of the crime during the suspended execution period due to the same crime, it is necessary to punish the accused strictly.

However, in full view of all the circumstances, such as the fact that the defendant recognized each of the crimes of this case and his depth is against the defendant, that the victim wants the defendant's wife by mutual consent with the victim when the defendant was in a trial, that the crime of paragraph (1) of the judgment of the court below was a crime that could have been judged simultaneously with the crime before and after the judgment of the court below, that the defendant was detained for a certain period, and that the defendant was detained for a certain period, and that the defendant's character and conduct, environment, relationship with the victim, motive, means and consequence of the crime of this case, and the circumstances after the crime were committed, it is recognized that the punishment of the court below against the

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (the first crime at the time of sale and the crimes of fraud between the decisions of the original court which became final

1. Article 62(1) of the Criminal Act:

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