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(영문) 인천지방법원 2016.09.07 2016노26
사기등
Text

The judgment of the court of first instance and the judgment of the court of second instance regarding Defendant A and B and the judgment of the court of third instance shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. The respective punishment (the first instance court: the second instance court's imprisonment; the second instance court's imprisonment with prison labor for a year and June; the second instance court's imprisonment for a year and two months; the third instance court's imprisonment with prison labor for a year and six million won; and the third instance court's imprisonment with prison labor for a period of ten months) that Defendant A

B. Each punishment sentenced by the court below (the first instance court: imprisonment of 1 year, and imprisonment of 10 months) on Defendant B 1 and 2 is too unreasonable.

C. Defendant K’s imprisonment (two years of suspended execution in August, and eight hours of community service order) sentenced by the second instance court is too unreasonable.

The above punishment sentenced by the court below to the defendants is too unhued and unfair.

2. Determination

A. We examine ex officio the Defendants’ judgment on the grounds of appeal by ex officio with respect to Defendant A and B.

1) The court of this case conducted a joint review of each appeal case against the judgment below, and each of the offenses against the defendants in the judgment below against the defendants in relation to concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, in accordance with Article 38(1) of the Criminal Act, a single sentence shall be imposed within the scope of punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court of first instance and the judgment of the court of first instance cannot be maintained any more. (2) The prosecutor requested the victim from the judgment of the court of first instance as “F” to change the victim from the judgment of the court of first instance to “F” to “L”, and requested the change of the victim from the judgment of the court of first instance to “L” to “L”, and therefore, the judgment of the court of first instance cannot be maintained any more.

B. After the judgment of the court of the second instance on the allegation of unfair sentencing against Defendant K and prosecutor’s Defendant K, there is no change in circumstances that may consider the sentencing, and the conditions of sentencing as shown in the instant records and arguments, and the reasons for sentencing of the court of the second instance

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