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(영문) 인천지방법원 2016.03.25 2015노4642
사기등
Text

The judgment of the court below of first instance except for compensation order and the judgment of the court of second instance shall be reversed, respectively.

Defendant shall be punished by imprisonment.

Reasons

1. The punishment of the first instance judgment (one and half years of imprisonment) and the punishment of the second instance judgment (six months of imprisonment) against the accused as to the summary of the grounds for appeal shall be too unreasonable;

2. Ex officio determination, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold concurrent hearings of the above two appeals cases. The crimes of the court Nos. 1 and 2 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 pursuant to Article 38(1) of the Criminal Act. Thus, the remaining parts of the judgment of the court of first instance except the compensation order and the judgment of the court of second instance cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed, and the judgment of the court below is reversed with the exception of compensation order among the judgment of the court of first instance and the judgment of the court below 2, without examining the defendant's unfair assertion of sentencing, since the above reasons for reversal of the judgment of the court below

Criminal facts

The summary of the evidence and the summary of the judgment of the court below other than the fact-finding that "the complainant" was "the victim A Q" during the second trial of the "criminal facts" No. 1 (2) of the "criminal facts" of the "criminal facts" as stated in the corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 3

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraud point), Article 329 of the Criminal Act (the intention of Section 329), Article 70(1)3 (the use of stolen check cards) of the Financial Business Specializing in Credit, and the choice of imprisonment, respectively;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are as follows: (a) the defendant's family members and branch members want the defendant's wife; (b) the court below agreed with the defendant U.S.; (c) on the other hand, the nature of the crime is very good in light of the defendant's method of crime, frequency of crime and amount of damage; and (d) the damage is not recovered most.

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