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(영문) 인천지방법원 2015.01.09 2014노3771
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the records show that the Defendant was sentenced to imprisonment with prison labor for one year and ten months at the Incheon District Court on November 18, 2014, and the said judgment became final and conclusive on November 26, 2014.

Since the crime of fraud, etc. for which judgment has become final and conclusive and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and thus,

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows without examining the above ex officio reversal grounds.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 229 and 225 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. From among concurrent crimes, the crime of this case for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is deemed to have forged various documents, including resident registration certificates, which are official documents, and obtained money from the victim by using them. In light of the method and circumstances of the crime, the crime is very poor, and the defendant is a single crime.

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