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(영문) 인천지방법원 2017.06.08 2017노678
사기
Text

We reverse the judgment of the court below.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. The summary of the grounds for appeal is that the sentence (one year of imprisonment; four months of imprisonment; two months of imprisonment) determined by the court of the original instance is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The appeal case against the judgment of the court of first instance, which is the case of appeal against the judgment of the court of first instance, was combined with the trial of first instance in this court of second instance, the case of appeal against the judgment of the court of second instance, 2017 No. 963 and the case of appeal against the judgment of the court of second instance, which is the case of appeal against the judgment of the court of second instance.

Each crime of the first, second, and third decision is a concurrent crime under the former part of Article 37 of the Criminal Code.

Pursuant to Article 38 (1) of the Criminal Code, a single sentence should be imposed within the scope of aggravated concurrent crimes.

Therefore, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, after the pleading, on the ground that there is a ground for reversal ex officio as above.

【Grounds for a new judgment】 The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are the same as the facts constituting a crime and the summary of the evidence in each case of the first, second, and third judgments, and thus, they are cited 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 selection of punishment (elective of imprisonment);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing in the proviso of Article 186(1) of the Criminal Procedure Act seems to be that the defendant led to the confession of a crime and to reflect the fact.

It seems that there seems to be a family member to support and a poor situation.

However, there are many victims of fraud and considerable frequency of the crime, and the defendant's liability for the crime is not against the law.

. several times.

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