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(영문) 인천지방법원 2016.11.30 2016노2867
사기등
Text

Of the crimes listed in the judgment of the court of first instance among the crimes listed in the judgment of the court of first instance, 26 through 30, 32 through 37 and 2-2.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court (the first instance court: among the crimes listed in the judgment in the first instance: 1, 2-A, 1 through 25, 31, and 3-B, each of the crimes listed in the table of crime Nos. 1 to 25, 31, and 3-B, which became final and conclusive on September 24, 2015; hereinafter referred to as "the preceding part") refers to the crime committed in the preceding part of the crime, such as the crime of aiding and abetting fraud, which was committed on September 24, 2015; hereinafter referred to as "the preceding part"). From among the crimes described in the judgment, 6-month imprisonment, 26 through 30, 32 through 37, 2-B, 3-A, 2-4 through 8, 3-C, 4-4, 4-5 of the list of crimes listed in the judgment, 3-B, 2-B, 3-B, 2015.

B. Each of the above types of punishment of the court below of the first instance is deemed to be too unhued and unfair.

2. Determination

A. Determination ex officio (the latter part of the first judgment and the date and time of the criminal facts of the second judgment of the second judgment are "from December 10 to April 22, 2016". On September 24, 2015, there exists a ground for ex officio reversal only between the rear part of the crime of aiding and abetting fraud, etc. which became final and conclusive on September 24, 2015) and the prosecutor's appeal, prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the court sentenced the defendant to imprisonment with prison labor as above. On the latter part of the first judgment of the second judgment, the defendant and the prosecutor filed an appeal against the second judgment of the second judgment, and the defendant jointly tried by this court. The latter part of the first judgment of the second judgment and each of the crimes of the second judgment of the second judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence shall be pronounced simultaneously pursuant to Article 38 (1) of the Criminal Act.

Therefore, the latter and the second judgment of the first and the second judgment on the defendant cannot be maintained any more.

(b) The front part of the first judgment.

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