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(영문) 인천지방법원 2020.05.08 2019노3918
사기
Text

The part of the judgment of the court of first instance against Defendant A and the judgment of the court of second instance shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by Defendant A1 and 2 to Defendant A (the first instance judgment: imprisonment with prison labor for 10 months, and the second instance judgment: imprisonment with prison labor for 4 months) is too unreasonable.

B. The punishment sentenced by the lower court of Defendant B to Defendant B (4 months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by Defendant A’s ex officio judgment on the grounds for appeal by Defendant A, the judgment of the court below was rendered to Defendant A, and both Defendant A filed an appeal against the judgment of the court below. This court decided to hold concurrent hearings of the above two appeals cases. Since each offense of the judgment of the court below against Defendant A is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the part against Defendant A and the judgment of the court of the court of first instance cannot be maintained in this point.

3. We examine the judgment on Defendant B, and there is no change of circumstances that may be considered in sentencing after the judgment of the first instance, and considering the records and various sentencing conditions shown in the arguments, even if considering the circumstances alleged by Defendant B as the grounds for appeal, the first sentence on Defendant B is too unreasonable.

4. Accordingly, the part of the judgment of the court of first instance regarding Defendant A and the judgment of the court of second instance on the grounds of the above ex officio reversal. Thus, without examining the Defendant A’s assertion of unfair sentencing, the part on Defendant A and the judgment of the court of second instance among the judgment of the court of first instance under Article 364(2) of the Criminal Procedure Act are reversed, and the judgment below

Defendant

B The appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since there is no reason for appeal.

【Judgment rendered against Defendant A】 Criminal facts and summary of evidence recognized by the court.

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