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(영문) 인천지방법원 2016.11.25 2016노2830
사기
Text

The remainder of the first and second original judgments, excluding a compensation order, shall be reversed in all.

Defendant .

Reasons

1. The punishment of the first original judgment (six months of imprisonment) and that of the second original judgment on the accused against the gist of the grounds for appeal (unfair punishment) is too unreasonable and unfair;

2. Ex officio determination of ex officio, the defendant filed an appeal against the first and second original judgments, and this court decided to hold concurrent trials. Since each of the crimes against the defendant in the first and second original judgments is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence pursuant to Article 38(1) of the Criminal Act, the judgment of the court below (excluding the part of compensation order in the second original judgment) has no longer been maintained.

3. If so, the judgment of the court below (excluding the order of compensation among the second judgment) is reversed ex officio, and the remaining parts except the order of compensation among the first judgment and the second judgment are reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the judgment of the court below is the same as each corresponding column of the court below's judgment, and it is cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent offenders, it is not good to form a crime by repeatedly committing a crime for a short period against many and unspecified persons for reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act. The Defendant was punished several times as a crime of the same kind of crime, and the Defendant committed another crime during the repeated crime period due to the same crime, and the victims of the second judgment of the lower court have not been recovered.

On the other hand, it is advantageous to the fact that the defendant recognizes all criminal facts and reflects them in depth, and that the damage of the first judgment is recovered.

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