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(영문) 인천지방법원 2019.11.22 2019노1649
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a short term of four months and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (short-term four months of imprisonment and long-term six months) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In full view of the evidence duly adopted and examined by this court prior to the judgment on the grounds for appeal, the defendant was sentenced on January 7, 2019 to imprisonment with prison labor for a short term and for a long term of one year and six months with prison labor for fraud, etc. on January 7, 2019. On June 14, 2019, it is recognized that the above judgment became final and conclusive on June 14, 2019. Since the crime of the judgment of the court below and the above crime of fraud, etc. against the defendant, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, they should be sentenced to punishment for the crime of the court below by taking into account equity with the case where the judgment is rendered simultaneously

3. In conclusion, 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 again decided as follows through pleading.

【The judgment of multiple times】 The criminal facts and summary of evidence recognized by this court are all the criminal facts column. “The defendant was sentenced to one year of short-term imprisonment with prison labor and one year and six months of long-term imprisonment with prison labor for fraud, etc. at the Incheon District Court Branch Branch Branch of the Incheon District Court on January 7, 2019; the above judgment became final and conclusive on June 14, 2019; and “1....................................................., the summary of evidence was the same as the corresponding column of the judgment of the court below, except for addition to “the summary

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Election of Imprisonment;

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