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(영문) 인천지방법원 2019.03.22 2018노3436
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the lower court (Article 1: 1 year and February, 2nd judgment of the lower court: fine of KRW 7 million, and 3nd judgment of the lower court: imprisonment with prison labor for not less than 6 months) is too unreasonable.

B. The sentence sentenced by the prosecutor (the first judgment: imprisonment with prison labor for one year and two months, and the second judgment: fine for a fine for a KRW 7 million, and the third judgment: imprisonment with prison labor for a period of six months) is too unreasonable.

2. Prior to the judgment on the assertion of unfair sentencing by the accused and the prosecutor, the judgment of the court below against the accused was consolidated by ex officio prior to the judgment on the assertion of unfair sentencing by the accused and the prosecutor. Each of the above concurrent cases against the accused should be sentenced to one punishment under Article 38(1)2 of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below

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 and the prosecutor's allegation of unfair sentencing, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the sentencing factors indicated in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined as ordered by taking into account the following circumstances under Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act, and other factors of sentencing as stated in the arguments of this case, such as the following circumstances

The favorable circumstances: The defendant reflects the crime and repents, and the repayment to the victim D in the 2018No3667 case is made: The crime of this case is committed.

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