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(영문) 인천지방법원 2020.10.15 2019노4219
사기등
Text

The remaining parts of the first and second original judgments, excluding the compensation order, and third original judgments, shall be respectively.

Reasons

1. Summary of grounds for appeal;

A. The sentence (the first instance court: imprisonment with prison labor for a year and six months and confiscation, and the second instance court: imprisonment with prison labor for a period of six months and the third instance court: imprisonment with prison labor for a period of eight months) of the lower court is too unreasonable.

(b)the sentence imposed on the accused by the first and second trials of the Prosecutor is too unfeasible and unreasonable;

2. As the judgment of the court below against the defendant ex officio determination, the defendant and the prosecutor filed an appeal against the part concerning the defendant's case except the part concerning the order for compensation among the judgment of the court of first instance and the judgment of the court of second instance, and this court decided to hold concurrent hearings. Since each crime against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, each crime of the judgment of the court below against the defendant should be sentenced to one punishment pursuant to Article 38 (1) of the Criminal Act, so

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the remaining parts of the judgment of the court of first instance and the judgment of the court of the second instance except the compensation order part among the judgment of the court of the court of the second instance and the judgment of the third court are reversed, and it is again decided as follows after pleading

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, Articles 352, 347(1), and 30 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229 and 225 of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, confiscation under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

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