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(영문) 인천지방법원 2014.04.03 2014노9
사기
Text

The remaining parts of the judgment of the first instance, excluding the rejection of application for compensation order, and the second judgment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each punishment (the first judgment: imprisonment of 2 years and 6 months, and the second judgment: imprisonment of 6 months) declared by the original court against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the case of appeal against the judgment of the court of first instance, which is the case of appeal against the judgment of the court of second instance, was consolidated in the proceedings of the trial of the court of second instance. Each of the crimes recognized by the court of first and second instance against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this respect, the judgment of the court below cannot be maintained in its entirety.

3. Accordingly, the judgment of the court below is reversed, without examining the defendant's allegation of unfair sentencing, and the remaining part of the judgment of the court of first instance excluding the rejection of the application for compensation order among the judgment of the court of first instance pursuant to Article 364 (2) of the Criminal Procedure Act and the judgment of the court of second instance are all reversed.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted 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 choice of punishment (the criminal facts stated in the judgment of the first instance shall be comprehensively deemed to be imprisonment with prison labor);

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are favorable to the defendant, such as that the defendant recognized his mistake, and that there was a history of punishment for the same kind of crime, and that there was considerable damage from each of the crimes of this case, but the damage was not completely recovered, and the defendant did not recover from damage.

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