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(영문) 대전지방법원 2015.11.19 2015노2904

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

The summary of the grounds for appeal (unfair punishment) that the court below sentenced against the defendant is too unreasonable.

Judgment

The crime of this case is committed by deceiving money from the victim Samsung Fire Co., Ltd. by forging or altering the document, and the crime is not good, and the defendant's failure to agree with the victim Samsung Fire Co., Ltd. is disadvantageous to the defendant.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime in this case, the Defendant’s punishment against the Defendant is unlimited and unreasonable, and thus, the Defendant’s assertion of unreasonable sentencing is justified.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, it shall be quoted as it is in accordance with Article 369

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts of crime and Articles 231 of the Criminal Act concerning the choice of punishment (the point of reference to private document, the choice of imprisonment), Articles 234 and 231 of the Criminal Act (the point of uttering of falsified investigative documents, the choice of imprisonment), Article 347 (1) of the Criminal Act (the point of fraud, the selection of imprisonment), Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act, and Articles 225 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;