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(영문) 인천지방법원 2019.09.26 2019노1408
사기
Text

The defendant case and the second judgment of the court of first instance shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the respective punishment of the original judgment (No. 1: imprisonment with prison labor for a maximum of 1 year and 2 months, 10 months, and 2 months: imprisonment with prison labor for a maximum of 8 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried by combining each appeal case against the judgment of the court below. Each of the offenses of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence is to be rendered pursuant to Article 38(1) of the Criminal Act. As such, among the judgment of the court of first instance, the Defendant case and the judgment of the second court cannot be maintained.

3. Accordingly, the judgment of the court below is reversed ex officio and the judgment of the court below of first instance among the judgment of the court of first instance is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and it is so decided as follows.

In other words, criminal facts and summary of evidence recognized by the court are identical to those stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders committed again during the suspension period of execution for the same kind of crime, the victim of the crime of this case was up to 11 and did not have any amount of damage, the defendant deposited the amount of damage for the victim AM in the trial, the victim B and T was agreed with the victim, the defendant was a juvenile at the time of the crime, the defendant's age, character and conduct, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime are revealed in the arguments of this case.

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