logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.01.03 2013노1056
사기
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The summary of the grounds for appeal that the judgment of the court below rendered against the defendant (the court of first instance: Imprisonment with prison labor for 6 months, and the court of second instance for 2 years and 6 months, and the court of second instance for 3 months: Imprisonment with labor for 10 months) is too unreasonable.

2. Upon ex officio determination, the court below sentenced the defendant to the above three cases in accordance with Article 38 of the Criminal Act as follows: (a) 1, 2, and 3: (b) 2012 Gocheon Branch of the Incheon District Court; (c) 2012 Gocheon Branch of the Incheon District Court; (d) 2013 Gocheon Branch of the Incheon District Court; (d) 497, 554 (merger); (e) 593; (e) 2013 Gocheon Branch of the Incheon District Court; (d) 4432 (Separation); and (e) 5356 (merger); and (e) 1, 2, and 3) : (e) the defendant filed an appeal against each judgment of the court below; and (e) the court of the court of the court of the first instance rendered a decision to concurrently examine the above three cases; and (e) since each of the crimes against the defendant is related to a concurrent crime under the former part of Article 37 of the Criminal Act and thus, the judgment is no longer maintained against the defendant.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is as follows, except for the change of the ‘BM2' in Part 7 of the second part of the judgment of the court below to ‘BM2', and therefore, it is identical to the corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the

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 repeated crimes, Article 35 of the Criminal Act among repeated crimes: 2012 high group 2169, 2013 high group 497 attached Table 2 through 12, 2013 high group 554, 2013 high group 593, 2013 high group 593, 2013 high group 432.

arrow