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전주지방법원 2016.05.13 2015노1869

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. In light of the fact that the crime of this case was committed by the Defendant with a total sum of KRW 47780,00,000 from the injured party or with embezzlement of money and valuables, etc., and that the Defendant committed the crime of this case even if he had had the record of criminal punishment twice even before, even though he had the record of criminal punishment for the same crime, it is necessary to strictly punish the Defendant.

However, in full view of the fact that the defendant recognized the crime of this case and reflects the mistake in depth, that the defendant agreed with the victim by paying a total of KRW 50 million to the court below, that the mother and the child should be neglected to support the defendant, and other various sentencing conditions specified in the records and arguments of this case, such as the background of the crime of this case, the age of the defendant, the defendant's age, sexual behavior, environment, etc., the court below's punishment is too unreasonable, and therefore, the defendant's argument is reasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraudulent point), Article 355(1) of the Criminal Act (the point of embezzlement), Article 231 of the Criminal Act (the point of Article 231 of the Criminal Act), Articles 234 and 231 of the Criminal Act, the choice of imprisonment for each of the following reasons:

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. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal as mentioned above);