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(영문) 인천지방법원 2016.02.17 2015노4655
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

The defendant asserts that the court below's punishment is too unreasonable as the grounds for appeal of this case are too large.

In full view of the various sentencing conditions shown in the records and arguments of this case, and the fact that the defendant has no criminal records of the same kind and imprisonment without prison labor or any heavier punishment, and that some victims have agreed to the punishment of the court below is too unreasonable.

Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column 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 and Articles 347(1), 231, 234, 231, and 30 of the Criminal Act concerning the facts constituting an offense, the choice of imprisonment, and the choice of a penalty;

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;

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