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(영문) 인천지방법원 2015.11.11 2015노3305
주민등록법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, this Court decided to hold a joint hearing of each appeal case against the judgment of the court below. Each of the offenses against the defendant in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any

3. According to the conclusion, the judgment of the court below is reversed ex officio under Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the grounds of unfair sentencing, and the judgment below is also ruled again through pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 37 subparagraph 10 of the Act applicable to the crime, Article 37 subparagraph 10 of the Resident Registration Act, Article 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 347 (1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 of the Criminal Act, and Article 231 of the Resident Registration Act, and selection of imprisonment for each crime

1. Of concurrent crimes, the sentencing conditions indicated in the records and arguments of this case for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the fact that the defendant had the same criminal records and the damage to the victim M has not been recovered shall be determined in full view of the following factors:

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