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(영문) 인천지방법원 2013.04.12 2013노14
사기방조등
Text

All parts of the judgment of the court below in 1 to 3 and the judgment of the court below in 4 are reversed.

Defendant

E.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, each of the lower courts’ sentences against the Defendants [one year and ten months of imprisonment, Defendant L (one year and six months of imprisonment, and KRW 4: imprisonment with prison labor for the first instance court), Defendant M: one year and four months of imprisonment, Defendant A (two months of imprisonment with prison labor for the first instance court: February, two months, and KRW 3: 2 months of imprisonment for the first instance court), Defendant W: Imprisonment with prison labor for the last six months, and two years of suspended sentence] are excessively unreasonable.

2. Determination

A. Prior to the judgment of the court below on the grounds of appeal by the above Defendants E, L, M, and A, the judgment of the court below is subject to ex officio determination as follows. Thus, the judgment of the court below is no longer maintained.

(1) The amendment of indictment (Defendant E, L, M, A) first, and the prosecutor's facts constituting the crime in the first instance judgment among the facts charged against Defendant E, M, and A

The "Attached List of Crimes" in paragraph (4) of the judgment of the first instance court (No. 11 of the judgment of the first instance court) shall be referred to as the "attached Table of Crimes (No. 4. 11 of the judgment of the first instance court)", and among the facts charged against Defendant L, the "Incompetence of Date" in paragraph (3) (No. 5. 17 of the judgment of the first instance court of the judgment of the first instance) of the facts charged against Defendant L was changed to the "incompetence of the date of the crime No. 1 through No. 8 of the attached Table of Crimes (No. 3 of the judgment of the first instance court of the first instance)", and the "incompetence of the facts charged against Defendant A" in paragraph (17) of the judgment of the first instance court of the first instance (No. 13. 100

(2) In the case of Defendant L, according to the records, the above Defendant was sentenced to four months of imprisonment with prison labor and one year of suspension of execution on April 19, 201 at the Ansan District Court's Ansan Branch for the crime of false accusation on April 19, 201, and the judgment became final and conclusive on April 27, 201, and on October 18, 2012, the Seoul Central District Court sentenced six months of imprisonment with prison labor for fraud at the Seoul Central District Court for the crime of fraud on February 9, 2013. In such a case, the above judgment was final and conclusive on each of the crimes committed before the judgment becomes final and conclusive.

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