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(영문) 광주지방법원 2017.02.15 2016노4638

사기

Text

The judgment below

The remainder, excluding the dismissed portion of the application for compensation order, shall be reversed.

The sentence against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Each of the instant crimes is an unfavorable circumstance where the Defendant acquired money from an unspecified number of victims by fraud, such as so-called "highest country", and the crime is not good.

On the other hand, there is no particular criminal record that the defendant has properly recognized and reflected his mistake, that the defendant was sentenced once a fine, and that there was no other criminal record, that the defendant recovered the damage to some victims in the original trial, and that the defendant recovered the damage to the victims in the first trial.

In addition, in full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, etc., the punishment of the defendant sentenced by the court below is too unreasonable.

3. If so, 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 the defendant's appeal is again decided as follows (as long as the defendant's appeal is accepted, the prosecutor's appeal shall not be dismissed separately). [Judgment which is used again] Criminal facts and the summary of evidence and the summary of evidence acknowledged by the court is as stated in each corresponding column of the court below (Article 369 of the Criminal Procedure Act). The

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;