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(영문) 인천지방법원 2013.05.24 2012노3336
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.

Two years of imprisonment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (the first instance judgment: three years of imprisonment, and the second instance judgment: imprisonment with prison labor for one year and six months) is too unreasonable.

2. Prior to the judgment on the grounds of appeal, the court of original judgment, Nos. 1 and 2, ex officio, did not apply the case of concurrent crimes under Article 38 of the Criminal Act, and sentenced the defendant to the above two cases, and the court of original judgment, which filed an appeal against each of the above judgments, decided to concurrently examine the defendant, by applying Article 37 of the Criminal Act to the extent of concurrent crimes under Article 38 of the Criminal Act (excluding concurrent crimes under Article 38 of the Criminal Act) since each of the crimes of Articles 1 and 2 of the Criminal Act against the defendant cannot be determined within the scope of concurrent crimes under Article 38 of the Criminal Act, since the court of original judgment against the defendant cannot be determined within the scope of concurrent crimes (excluding concurrent crimes under Article 37 of the Criminal Act) is related to the former part of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed with the exception of the order for compensation among the judgment of the court of first instance under Article 364(2) and (6) of the Criminal Procedure Act, and the judgment of the court of second instance is reversed without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after hearing.

Criminal facts

The summary of the facts charged and the evidence indicated in the judgment of the court is as follows. The summary of the facts charged and the evidence indicated in the judgment of the court of first instance is as follows: [1......, [2012 order 1141], [26], [2012 order 12 order 1347], and [1...]] the Defendant’s partial statement in the court of first instance, and the summary of the evidence in the judgment of the court of second instance is as follows: (a) the Defendant’s partial statement in the court of first instance is as follows; and (b) the Defendant’s partial statement

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