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(영문) 인천지방법원 2017.06.23 2017노117
횡령등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The punishment of each judgment of the court below against the defendant (No. 1: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 4 months) on the summary of the grounds of appeal is too unreasonable.

2. The judgment of the court below in the first and second instances was rendered to the defendant, and the defendant appealed against each of the above judgment below, and the court decided to concurrently examine the appeal case against each of the above judgment below.

If so, each crime of the first and second judgment against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. If so, the court below's judgment Nos. 1 and 2 is reversed, and the court below's judgment is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is so decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the facts constituting an offense (the fraud, each fraud, each choice of imprisonment), Article 355(1) of the Criminal Act (the points of each embezzlement, each choice of imprisonment), Article 231 of the Criminal Act (the alteration of private document, each choice of imprisonment), Articles 234 and 231 of the Criminal Act (the point of exercising altered private document, each choice of imprisonment), Articles 234 and 231 of the Criminal Act (the point of exercising altered private document, and each choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Crimes No. 1 (Offense of Fraud) within the scope of the sentencing guidelines provided for in the sentencing guidelines: Class 2 (10 million won or more and less than 500 million won) of the aggravated area (2 years and six months to six years) of the general fraud [2 years and six years] of the same type repeated crime 2 of the same type repeated crime (a majority of the sentencing guidelines for private document crimes of alteration of private document and accompanying accompanying.

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