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(영문) 인천지방법원 2016.11.11 2016노2162
사기미수등
Text

All judgment of the court below shall be reversed.

Defendants shall be punished by imprisonment for one year and two months.

Defendant

A. Seizure from A.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the first original judgment against the Defendants (e.g., imprisonment, 8 months and confiscation) and each sentence of the second original judgment against the Defendants (e.g., imprisonment, 6 months and additional collection) are too unreasonable.

B. Each sentence of the first and second original judgment against the Defendants by the prosecutor (unfair form of punishment) is too uneased and unreasonable.

2. Ex officio determination of ex officio, the defendants and the prosecutor filed an appeal against the first and second original judgments, and this court decided to hold concurrent trials with each of the above two appeals cases. Since each of the crimes of the first and second original judgments against the defendants is concurrent crimes 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a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendants and the prosecutor’s respective arguments on unfair sentencing, and it is again decided following the oral argument as follows.

Criminal facts

Article 369 of the Criminal Procedure Act provides that "The defendant B shall be punished by imprisonment with prison labor for six months with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Daejeon District Court on September 11, 2015, and the above judgment becomes final and conclusive on September 19, 2015, and is still in the current grace period" in the main part of the first judgment of the court of first instance, stating that "the defendant B shall be punished by imprisonment with prison labor for six months for special intimidation at the Daejeon District Court on May 30, 2016, and the judgment became final and conclusive on June 8, 2016," is the same as the corresponding column of the judgment of the court below, and thus, it shall be cited as it is in accordance with Article 369 of

Application of Statutes

1. The Defendants: Articles 352, 347(1) and 30 of the Criminal Act; Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; and Articles 6(3)1 of the same Act.

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