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(영문) 수원지방법원 2018.02.20 2017노8779

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal by the defense counsel (unfair sentencing) is against the defendant, and the defendant does not commit the crime of this case in a planned manner, and the defendant was sentenced to a two-year suspended sentence of imprisonment for six months in the course of criminal fraud in support of the Suwon Friwon, which became final and conclusive on October 29, 2015, and the above judgment became final and conclusive on October 29, 2015. In light of the fact that the crime of this case and the above crime for which the judgment became final and conclusive should be considered at the same time in relation to concurrent crimes after Article 37 of the Criminal Act, and should be considered at the same time in relation to concurrent crimes after Article 37 of

2. The judgment of the court below recognized the defendant's wrong facts, the victim expressed his/her intention that he/she would not want the punishment for the defendant after receiving compensation for damage when it comes to the trial, and the defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months on February 6, 2015 and the above judgment became final and conclusive on October 29, 2015. The crime of this case and the crime of this case for which the judgment became final and conclusive on October 29, 2015 should be considered at the same time in the relation of concurrent crimes after Article 37 of the Criminal Act. In addition, considering the defendant's age, sex, sex, degree of damage, motive and circumstance of each of the crimes of this case, and circumstances after the crime of this case, the above assertion is justified since the court below's punishment is too unfair.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.