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(영문) 인천지방법원 2014.04.17 2014노601
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. Prior to the judgment on the grounds for appeal ex officio, the court below ex officio examined "the list of crimes in attached Form" in the criminal facts against the defendant, but there is an error of law that affected the conclusion of the judgment by omitting the attached Form and failing to specify the criminal facts. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as shown in the corresponding column of the judgment below, except for the addition of the "attached sheet" omitted in the judgment below as shown in the attached Form. Therefore, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 35 of the Criminal Act (Article 35 of the Criminal Act for a repeated crime committed on January 1, 2009) (Article 35 of the Criminal Act for a criminal offense committed on December 30, 201)

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. From among concurrent crimes, the Defendant led to the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the heavy penalty for concurrent crimes stipulated in the crime of fraud on February 1, 2012), and the victim did not want the punishment of the Defendant, and the victim recovered additional damage in the trial, and the Defendant committed the instant crime under the favorable circumstances, such as the fact that the instant crime is ex post concurrent crimes, and the record of punishment with the same past and eight times, and some of the instant crimes are crimes during the period of repeated crimes.

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