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(영문) 인천지방법원 2021.01.21 2020노1060
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (in the first instance court: imprisonment with prison labor for one year and four months, and the second instance court: imprisonment with prison labor for one year and six months) is too unreasonable.

2. The judgment of the court below is sentenced to the judgment of the court below, and the defendant filed an appeal against the judgment of the court below, and this court decided to hold concurrent hearings. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.

[Re-written 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 below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for criminal facts, Article 329 of the Criminal Act for the choice of punishment (section 1), Article 347(1) of the Criminal Act (including frauds, crime scene 12 and 13 as indicated in the judgment of the first instance court), Article 70(1)3 of the Act on Specialized Credit Financial Business (including loss or theft of credit cards, and each card), Article 360(1) of the Criminal Act (including each card) for each type of imprisonment with prison labor;

1. The rationale for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the defendant confessions the crimes of this case, and is divided into several occasions.

On the other hand, the defendant has a record of criminal punishment several times for the same crime, and the nature of the crime is serious in light of the methods and contents of the crime, and the frequency of the crime.

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