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(영문) 대구지방법원 2016.01.21 2015노4610

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The fact that the defendant repeatedly committed a crime against many unspecified persons, and that he/she was punished for the same kind of crime, etc. are disadvantageous to the defendant.

On the other hand, all of the crimes of this case are recognized by the defendant and are against his mistake, the amount of damage by each victim is relatively minor, and some victims have agreed to pay the amount of damage (the victim W, Z, AD, AD, AH, AH, AI, and X are favorable circumstances for the defendant.

Considering the above circumstances and various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

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

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Comprehensively taking into account the factors of sentencing prior to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the punishment shall be determined as per the order.