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(영문) 부산지방법원 2017.04.28 2017노82

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that the accused has been punished by a fine for a total period of time due to violent crimes, etc., there is a history of punishment for suspension of execution, and the form of the instant crime and the method thereof, etc., it is recognized that the liability for the crime is grave, and that the amount of fraud is a larger amount exceeding 2.1 million won.

However, in light of the defendant's age, sexual conduct, environment, motive, means and consequence of the crime in this case, the punishment imposed by the court below is too unreasonable, considering all of the sentencing conditions stated in the argument in this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime in this case, etc., it is recognized that the punishment imposed by the court below is too unreasonable.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) add “as shown in the list of crimes to October 4, 2013” from the end to the end of the actual disturbance of the crime in the judgment of the court below; and (b) add “as described in the list of crimes” to “as described in the attached list of crimes”; and (c) as stated in the summary of the evidence to “1. Defendant’s legal statement (part)” as “1. Defendant’s legal statement”, the summary of the evidence is identical to each corresponding column of the judgment of the court below, and thus, it is cited pursuant to Article 369

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 first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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 (the foregoing) provides for the suspension of execution.