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(영문) 인천지방법원 2016.12.22 2016노4139
사기미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for one year from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds of appeal for ex officio determination, and each of the facts charged against the defendant guilty by the court below is an independent crime and a substantive concurrent crime.

Nevertheless, the lower court erred by omitting aggravated punishment for concurrent crimes in the application of statutes regarding the Defendant, and the lower court’s erroneous error was affected by the judgment, and thus, the lower court’s judgment cannot be maintained any further.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence acknowledged by this court and the summary of evidence are identical to the facts stated in the corresponding column of the judgment below, except where the defendant's partial statement "1.1. the defendant's oral statement" in summary of evidence is "1.1. the defendant's oral statement". Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 352, 347(1) of the Criminal Act that apply to criminal facts, the choice of punishment (the commission of attempted fraud, the choice of imprisonment), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an attempted attempt to obtain a favorable judgment of a lawsuit relating to compulsory execution by forging a private document under the name of the victim in order to escape compulsory execution, and submitting it to the court. In light of the circumstances and methods of the crime, the nature of the crime is not good, and the victim is committed by the defendant.

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