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(영문) 인천지방법원 2016.11.02 2016노3347
사기
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for ten months.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced to the Defendants (e.g., imprisonment of August and imprisonment of October) is too unreasonable.

2. It seems that the Defendants were unable to intentionally pay part of the goods price and repeat the crime of defrauding them.

The defendants appear to reflect their mistakes in the trial of the political party, and the defendants agreed with the victims and the investigative agencies, as well as fully performing the amount of damage through the trial of the court below and the trial of the court below, the victims want to take the ship's wife, and the defendants have the time of reflect while detained for a certain period of time.

In full view of the above circumstances and all the circumstances indicated in the instant argument, the sentence imposed by the lower court to the Defendants is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is reasonable, and the judgment below is ruled again after pleading.

[Dao-written judgment] The summary of facts constituting an offense and evidence admitted by the court and the summary of the evidence are identical to the corresponding column of the judgment of the court below, except for adding "1. Defendants' oral statement" between the 2nd page 13 and 14 of the judgment of the court below, and therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions concerning the facts constituting an offense and the Defendants who choose the penalty: Article 347 (1) of the Criminal Act;

1. Defendants who aggravated concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants of a suspended sentence: Article 62 (1) of the Criminal Act ( considered as favorable circumstances under paragraph (2) of the same Article);

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