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(영문) 인천지방법원 2016.04.08 2015노4509
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The punishment of the first instance judgment (one-month imprisonment) and the punishment of the second instance judgment (one-year imprisonment) against the accused as to the summary of the grounds for appeal shall be too unreasonable;

2. Ex officio determination, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to consolidate the above two appeals cases. The crimes of the court Nos. 1 and 2 with respect to the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained.

3. If so, the judgment of the court below is reversed in entirety without examining the defendant's unfair argument of sentencing since the above reasons for reversal exist, and it is again decided as follows after the pleading.

Criminal facts

The summary of the judgment of the court below is the same as each corresponding column of the judgment of the court below, thereby citing it 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, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code aggravated concurrent crimes are higher than KRW 100 million in total, and there are several records of punishment for the same kind of crime, the fact that there was no agreement with most victims and the damage has not been recovered. Meanwhile, the fact that the defendant recognizes all the criminal facts and reflects the depth of the crime, the fact that the above victim does not want the punishment of the defendant by mutual consent between the victim's Z and the first instance, and other various circumstances, including the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are determined as ordered by the order.

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