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(영문) 부산지방법원 2017.06.23 2017노216

사기등

Text

The judgment below

Part concerning the crime Nos. 2, 3, and 4 of the ruling shall be reversed.

A defendant shall be punished by imprisonment for one year.

The judgment of the court below.

Reasons

1. The summary of the grounds for appeal (a crime No. 1: Imprisonment with prison labor for a year and two months, and a crime No. 2, 3, and 4: imprisonment with prison labor for a year) by the court below is too unreasonable.

2. Determination

A. It is recognized that the defendant's judgment on the unfair argument of sentencing as to the crime No. 1 of the judgment of the court below is divided into his mistake, and the first head of the judgment of the court below which became final and conclusive and the punishment should be determined in consideration of equity in the case where the crime of this case is concurrently judged.

However, in light of the motive, method, frequency, etc. of the instant crime, the liability for the instant crime is very heavy, the Defendant is not deemed to be unfair because the sentence of the lower court is too unreasonable, in light of the following: (a) the Defendant has been punished several times for the same crime; (b) the Defendant has been punished for suspension of execution; (c) the amount of damage exceeds KRW 170 million; (d) the amount of damage was not recovered at all; and (e) the Defendant did not agree with the victim; and (e) there was no change of circumstances that may otherwise determine the age, sex, environment, motive, means, and consequence of the instant crime; and (e) all of the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime

Therefore, the defendant's argument about the crime No. 1 in the judgment below is without merit.

B. According to the Defendant’s ex officio judgment on the grounds for appeal on crimes Nos. 2, 3, and 4 of the judgment below, prior to the judgment on the grounds for appeal by the Defendant, the Defendant was sentenced to imprisonment with labor for not more than ten months from the Seog District Court Branch Branch on September 4, 2014, and the judgment became final and conclusive on September 12, 2014. The crimes of fraud for which the judgment became final and conclusive and the crimes of Nos. 2, 3, 4 of the judgment of the court below are concurrent crimes under Article 37 of the Criminal Act, and the punishment for crimes of Nos. 2, 3, and 4 of the judgment of the court below is determined in consideration of equity and the case of concurrent crimes under Article 39(1) of the Criminal Act. In this regard, the part on the crimes of No. 2, 3, and 4 of the judgment of the court below is determined.