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(영문) 인천지방법원 2017.01.12 2016노845
사기등
Text

The original judgment (excluding the part of the original judgment dismissing an application for a compensation order and an order for compensation) shall be reversed in all.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (the first instance judgment: two years of imprisonment, and the second instance judgment: imprisonment with prison labor for eight months) is too unreasonable.

(b)the sentence sentenced to the Defendant by the second instance judgment of the Prosecutor is too unhued and unreasonable;

2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the court below cannot be maintained on the ground that each of the above offenses against the defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, since each of the offenses against the defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the concurrent crimes under Article 38(1) of the Criminal Act should be sentenced within the scope of the term of punishment increased by concurrent crimes.

3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, without examining the aforementioned ex officio reversals, and it is again decided as follows, after the pleading, to reverse all the judgment of the court below (excluding the part of rejection of an application for compensation order and compensation order among the judgment of the court of first instance).

Criminal facts

The summary of the facts constituting an offense acknowledged by this court and the summary of the evidence thereof are as follows: (a) under Article 25(1) of the Rules on Criminal Procedure, the phrase “from October 18, 2015,” “from October 2015,” which read “from October 18, 2015,” and the summary of the facts constituting an offense and the evidence thereof, as indicated in the corresponding column of the judgment of the court below, i.e., “from October 18, 2015,” and ii) ex officio under Article 25(1) of the Rules on Criminal Procedure, i.e., “from October 18, 2015.” The phrase “the Defendant’s partial statement” of the first offense under the 5th page of the judgment of the court below as “1. The same is cited as it is by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (the fraud point, the choice of imprisonment, and the choice of punishment), passenger transport service regarding the crime;

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