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(영문) 인천지방법원 2020.01.31 2019노3120
사기
Text

The remainder of the judgment of the court of first instance, excluding the rejection of an application for compensation order and compensation order, and the second judgment.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the first judgment: imprisonment with prison labor for two years and the second judgment: imprisonment with prison labor for six months) is too unreasonable.

B. The sentence sentenced by the prosecutor (the second judgment of the court below: imprisonment with prison labor for six months) is too uneasible.

2. The first instance judgment case and the second instance judgment case against the defendant were consolidated in the judgment of the court below ex officio. Each of the above combined cases against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38(1)2 of the Criminal Act.

Therefore, each judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment of the court below is reversed, and all of the judgment of the court of first instance (excluding the rejection of an order for compensation and a request for compensation order) and the judgment of the court of second instance are reversed, and it

[C] According to the records, the summary of the facts constituting the crime and the evidence admitted by the court and the summary of the evidence are acknowledged by the court of the first instance [2019 order 111], except that "from June 12, 2018 to June 13, 2018" among the facts constituting the crime in the case is "from June 12, 2018 to December 14, 2018", the date of sending the victim BU a gift coupon number photographed and sent is "the fact on December 13, 2018 and on the 14th of the same month." Thus, to the extent that it does not infringe the defendant's right to defense, the court shall correct it ex officio.

Since each corresponding column of each judgment of the court below is the same as the statement of each corresponding column of the court below, it shall be quoted in accordance with Article 369

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the defendant's reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act reflects the crime, and his family members.

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