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(영문) 인천지방법원 2019.03.22 2018노3509
사기등
Text

The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed, respectively.

Defendant shall be punished by imprisonment for three years.

Reasons

1. The summary of the grounds for appeal (e.g., the form of imprisonment with prison labor for 1 year and 2 months, and 2 years) of the lower court is too unreasonable.

2. The judgment of the court of first instance, except for the compensation order, and the judgment of ex officio on the judgment of the court of second instance, filed an appeal against the judgment of the court of first instance, and the court of first instance decided to jointly

Each crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and in accordance with Article 38(1) of the Criminal Act, one of the concurrent crimes shall be sentenced within the scope of the sentence imposed. In this regard, the part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance excluding

3. The judgment of the court below is reversed with the exception of compensation order among the judgment of the court below of first instance pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below of second instance is reversed, and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Articles 347(1) of the Criminal Act, Article 329 of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

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

1. Article 32(1)3 and Article 25(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (H), of which an application for compensation is dismissed, the Defendant contests the actual amount of damage suffered by the applicant for compensation. The scope of liability for compensation is limited.

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