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(영문) 인천지방법원 2016.02.05 2015노3665
사기
Text

The remainder of the judgment of the court below, excluding the dismissal of an application for compensation order, and both the judgment of the court below 2 and 3.

Reasons

1. Each sentence sentenced to the defendant by the first, second, and third core of the grounds for appeal is too unreasonable.

2. We examine ex officio the appeal against the above judgment of the court below and decide to jointly examine the above appeal case by filing an appeal against the above judgment of the court below. Each of the offenses of the court below 1, 2, and 3 is concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the remainder of the judgment of the court below excluding the dismissed part of the application for compensation order among the judgment of the court of first instance, and the judgment of the court below 2, and 3 cannot be exempted from all reversal.

3. Accordingly, the judgment of the court below is reversed in light of the above reasons for reversal ex officio. Thus, without examining the defendant's unfair argument of sentencing, the remaining parts of the judgment of the court below excluding the dismissal of application for compensation order among the judgment of the court of first instance pursuant to Articles 364 (2) and 364 (6) of the Criminal Procedure Act and the judgment of the court below 2 and 3 shall be reversed,

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns 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. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes recognize all the crimes of this case, and the court below and the trial court are likely to agree with the victims other than two victims or to have agreed with, or have paid damages to, all victims who are practically able to communicate with, the victim'sJ (the victim'sJ paid damages).

One of the arguments, the evidence to prove it is not submitted to the defendant.

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