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(영문) 인천지방법원 2015.09.10 2015노1885
전기통신금융사기피해방지및피해금환급에관한특별법위반등
Text

The part concerning Defendant C in the first and second original judgments shall be reversed, respectively.

Defendant

C. One year of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. As to the sentence sentenced by the first and second court on the defendant C (the first and second court judgment: imprisonment with prison labor for 10 months and 2 months), the defendant asserts that the above sentence is too unreasonable because the above sentence is too unreasonable. The prosecutor asserts that the second court's sentence is too uneasible and unfair.

B. The prosecutor of the part concerning Defendant A and B asserts that the sentence imposed by the court below on the above Defendants (one year of imprisonment, one year of imprisonment, and four months of imprisonment) is too uneasible and unfair.

2. Prior to the judgment ex officio on the grounds for appeal by the above defendant as to the part concerning defendant C, the court of original judgment was examined ex officio prior to the judgment on the grounds for appeal by the above defendant, and after the court of original judgment was examined separately against the above defendant, the court of original judgment rendered a sentence of 10 months imprisonment with prison labor and the sentence of 2 months imprisonment with prison labor for each of the above two months with prison labor with prison labor for the Incheon District Court Decision 2015DaDa1131 decided July 15, 2015 (the second original judgment), and the prosecutor filed an appeal against the second original judgment, and the court of original judgment decided to concurrently examine the above two appeals cases. Since each of the above offenses by the court of original judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, each of the above offenses cannot be subject to a single sentence of punishment and the second sentence with prison labor for each of the above defendants pursuant to Article 38 (1) of the Criminal Act, the judgment of original judgment cannot be reversed within the first and the second sentence.

3. The crime of this case with regard to Defendant A and B was involved in the solicitation of the head of the Tong to be used for committing the so-called Bosing crime committed against many and unspecified persons. The solicitation of the head of the Tong was an essential part of the above solicitation, and the case of Defendant A.

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