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(영문) 인천지방법원 2015.06.26 2015노1501
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 decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The crime of this case was committed in the Seoul Northern District Court on June 25, 2009, when considering the following circumstances: (a) the crime of this case was committed; (b) while the defendant was led to the confession and reflect of the crime of this case; and (c) the crime of this case was committed on August 22, 2012, the defendant was sentenced to two years of suspended execution in the Seoul Northern District Court on March 27, 2013 and was sentenced to two years of suspended execution in the Seoul Northern District Court on March 27, 2013 and the concurrent crime of the latter part of Article 37 of the Criminal Act, and should be considered at the same time in accordance with Article 39(1) of the Criminal Act; and (d) the defendant’s age and happiness environment and the circumstances before and after the crime was committed.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

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. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

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