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(영문) 인천지방법원 2017.08.30 2017노932
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (six months of imprisonment) is too unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to a suspended sentence of two months for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) in support of Sungnam branch of Suwon branch on December 22, 2016, and on December 30, 2016, it can be recognized that the above judgment became final and conclusive on December 30, 2016. As such, the crime for which the judgment became final and the crime of this case are concurrent crimes after Article 37 of the Criminal Act, and the crime of this case are determined by taking into account both the case where the judgment is to be rendered at the same time and equity pursuant to Article 39(1) of the Criminal Act.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Judgment] The summary of the facts constituting a crime and evidence admitted by this court is the first head of the judgment of the court below, and the first head of the "criminal facts" column 1 of the judgment below was sentenced to imprisonment with prison labor for six months on December 22, 2016 due to a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) in the Support of Sungnam Friwon, which became final and conclusive on December 30, 2016.

“A summary of evidence” as stated in Section 2 is as follows: “A summary of the evidence” is added to “a previous conviction in the judgment of the court of first instance: Defendant’s trial”; and “a summary of the evidence” as stated in Section 2 “a summary of the first appearance’s “1. The Defendant’s partial statement” as stated in each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 237 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 of the Criminal Act:

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