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(영문) 인천지방법원 2018.01.19 2017노3396
사기
Text

The judgment below

The part of the case of the defendant is reversed.

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

Seized evidence 1 to 1.0

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. We examine the grounds for appeal by the defendant before determining ex officio.

According to the records, the Defendant was released on December 24, 2013, when he/she was sentenced to imprisonment for fraud on December 18, 2012 with one year and six months, and was released on December 24, 2013, and the parole period expired on February 12, 2014. Within three years thereafter, the Defendant committed each of the crimes listed in the attached Table 1-2, 4, and 5 of the judgment of the court below, and each of the crimes listed in the attached Table 1-2, 5 of the judgment of the court below.

Therefore, the court below should have aggravated repeated crime under Article 35 of the Criminal Act with respect to each of the crimes in this part.

As the above crimes and the rest of the crimes in the judgment of the court below against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below shall be concurrently rendered and sentenced to one punishment pursuant to Article 38 (1) of the Criminal Act, so the judgment of the court below cannot be maintained.

3. As such, the part of the judgment of the court below regarding the defendant's case is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the part of the judgment of the court below concerning the defendant's case shall be reversed and the following decision shall be rendered through pleading

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court and the summary of the facts constituting an offense and the gist of evidence are the same as the stated in each corresponding column of the judgment below, they shall be quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes (each of the crimes listed in the annexed Table 1 to 19 of the judgment of the court below, each of the crimes listed in the annexed Table 2, 4, and 5 of the judgment of the court below);

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

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. Legal provisions;

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