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(영문) 인천지방법원 2020.06.12 2020노293
출입국관리법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the lower court (Article 1: imprisonment with prison labor for a year and February, and Article 2: Imprisonment with prison labor for a period of ten months) is too unreasonable.

(b)the above-mentioned sentence sentenced by the first instance court of the Prosecutor is too unhued and unreasonable;

2. Each appeal case against the judgment of the court below was consolidated in the judgment of the court below ex officio. Each of the offenses 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Therefore, the judgment of the court below is no longer maintained.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 Defendant and the prosecutor’s allegation of unfair sentencing, and it is again decided as follows through pleading.

[Discied reasoning of the judgment below] The summary of criminal facts and evidence against the defendant recognized by this court is corrected ex officio as follows: according to the records of correcting "207.08.23.23. (2017-1378)" in the column of 14 authenticated date of the attached Form 1 of the judgment of the court of first instance as "207.08.23.08.23. (2017-1378)" (2017-1378), the above stated in the judgment of the court below is obvious that it is a clerical error.

Except for the first and second original judgments, it is the same as the entry of each corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 94 subparag. 3, Article 7-2 subparag. 1 of the Immigration Control Act, Article 30 of the Criminal Act, Article 94 subparag. 3, and Article 7-2 subparag. 2 of the Immigration Control Act, Article 30 of the Criminal Act, Article 99(1), Article 94 subparag. 3, and Article 7-2 of the Immigration Control Act (Amended by Act No. 16344, Apr. 23, 2019); Article 99(1), Article 94 subparag. 3, and Article 7-2 of the Immigration Control Act (Amended by Act No. 16344, Apr. 23, 2019); Article 347(1) of the Criminal Act; Article 137 of the Criminal Act.

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