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(영문) 부산지방법원 2017.10.27 2017노2963

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six 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 for each sentencing) of the lower court’s punishment (six months of imprisonment) is too heavy or (one of the defendants).

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

There is a circumstance that the defendant did not receive the amount obtained by deceit (total 77,478,00 won) and the victim could have suffered a long mental pain by leaving the country without making an effort to repay to the victims.

However, in full view of the various circumstances, including the defendant's age, sexual conduct, environment, relationship with victims, etc., and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, victims' relationship, etc., it is recognized that the court below's punishment is unreasonable and unreasonable.

Therefore, the defendant's improper argument of sentencing is accepted and the prosecutor's improper argument of sentencing is not accepted.

3. As the appeal of the defendant is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act and the decision shall be rendered again as follows (Article 364(6) of the Criminal Procedure Act; however, the prosecutor's appeal shall not be dismissed separately from the order inasmuch as the defendant's appeal is accepted and the judgment of the court below is reversed, and the defendant's appeal is reversed)

Application of Statutes

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

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 suspended execution;