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(영문) 인천지방법원 2016.09.30 2016노2225
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and four months.

Reasons

1. The summary of the reasons for appeal (No. 1: Imprisonment with prison labor for 2 years and 6 months, and imprisonment for 10 months) declared by the court below is too unreasonable.

2. The defendant filed an appeal against the judgment of the court below and decided to concurrently examine all the above appeal cases. Each of the offenses committed by the court below against the defendant is related to concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more in this respect.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, the summary of the evidence is cited.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (in relation to frauds and frauds in the judgment of the first instance court, Article 30 of the Criminal Act shall be added), Articles 231 and 30 of the Criminal Act (in relation to the above Article of private documents), Articles 234, 231, and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act (in relation to the exercise of the above investigation documents), the choice of imprisonment, respectively;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are favorable to the defendant, such as the fact that the defendant recognized his mistake and reflects the fact that there is no record of criminal punishment for the same kind of crime, while each of the crimes of this case is planned and organized by processing false documents by using the weak points of the fund lending system prepared by the government in order to stabilize the residence of ordinary people in the National Housing Fund, which is a public fund, from the National Housing Fund.

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