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(영문) 인천지방법원 2017.09.01 2016노2634
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

Reasons

1. Summary of grounds for appeal;

A. The 2nd judgment decision against the defendant (4 years of imprisonment) is too unreasonable.

(b) the sentence of the first original adjudication decision against the prosecutor accused (one year of imprisonment) is too unhued and unreasonable;

2. We examine ex officio the judgment of the court below, and the defendant filed an appeal against the judgment of the court of first instance against the judgment of the court of first instance, and this court decided to hold a joint hearing of the above two appeals cases. Since each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained any more.

3. If so, the judgment of the court below is reversed ex officio as seen earlier, and the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, and it is again decided as follows.

Criminal facts

Inasmuch as the summary of the evidence is the same as the corresponding column of the first and second judgment, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the point of fraud), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the point of driving without a license), Article 37 Subparag. 10 of the former Resident Registration Act (amended by Act No. 14286, Dec. 2, 2016) (the point of using another’s resident registration), Article 239(1) of the Criminal Act (the point of using a private signature), Article 239(2) and Article 231 of the Criminal Act (the point of using a false signature), Article 231 of the Criminal Act (the point of using a private document), Article 234 and Article 231 of the same Act, Article 34 of the same Act (the point of using a private document), Article 37 Subparag. 10 of the former Resident Registration Act (the point of using another’s resident registration), Article 37 Subparag. 10, 2016), Article 28(1-4 of the Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (as of March 10, 2016).

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