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(영문) 인천지방법원 2013.05.03 2013노226
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal that each of the court below sentenced to the defendant (No. 4 months of imprisonment with prison labor for the court of first instance and no. 2 months of imprisonment for the court of second instance) is too unreasonable.

2. Prior to the judgment on the grounds of appeal, the first and second court rendered ex officio a separate examination of the defendant with the Incheon District Court 2012Da11737 and the Incheon District Court 2013 Go-Ma94 and sentenced the defendant not to apply the case of concurrent crimes under Article 38 of the Criminal Act. The court of the first and second court rendered a decision to concurrently examine the above two cases by filing an appeal against each of the above judgment. The first and second court's judgment against the defendant is in a concurrent crime under the former part of Article 37 of the Criminal Act, and the sentence of concurrent crimes under Article 38 of the Criminal Act shall be determined within the scope of the punishment determined by applying the precedent of concurrent crimes under Article 38 of the Criminal Act. In this regard, the judgment of the court below against the defendant was no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority exist, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the evidence is the same as the corresponding part of the judgment of the court of first and second instance except for adding "1.............................

Application of Statutes

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of uttering of each falsified document dated September 2, 2010, judgment of the court below No. 2035, Sep. 2, 2010);

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent crimes;

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