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(영문) 인천지방법원 2018.06.15 2017노4762
사기등
Text

The part of the judgment below, excluding the part concerning an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (the first instance judgment: imprisonment of one year and six months, confiscation, and second instance: imprisonment of one year and six months) is too unreasonable.

(b) The above-mentioned sentence, in which the first instance judgment of the prosecutor is applied to the defendant is too unhued and unreasonable;

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

This Court held the appeal cases against the judgment of the court below jointly and tried, and each of the offenses against the defendant at the time of the judgment of the court below against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of aggravated punishment in accordance with Article 38(1) of the Criminal Act. Therefore, in this regard, the remainder of the judgment of the court below against the defendant, except for the part concerning the application for compensation order, cannot be maintained.

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 unfair arguments of sentencing by the defendant and the prosecutor, as the remaining parts of the judgment below excluding the part concerning the application for compensation order among the judgment below excluding the part concerning the application for compensation order. It is again decided as follows after pleading.

[Re-use Decision (excluding the part concerning the application for compensation order)] Criminal facts and summary of evidence recognized by this court are identical to the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment, respectively, Article 152 Subparag. 1, Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the selection of imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the instant Bosing crime is an unspecified crime committed in a systematic and planned manner.

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