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(영문) 인천지방법원 2016.06.30 2016노1205

사기

Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. In light of the fact that the defendant led to the confession of the crime, commits the crime against the mistake, commits all damages, and commits the crime agreed with the victim, the crime of this case committed by the victim by deceiving 60 million won from the victim through the police-related person as if he would resolve the criminal case of the victim, is not good, and the defendant has the record of criminal punishment including the same crime. In particular, on June 22, 2011, the defendant was sentenced to imprisonment with prison labor for the same crime on the same crime on the same crime on the one and half months, and was released from the crime even during the period of repeated crime after the execution of the sentence was completed, and even for a few months, the defendant's age, sex, motive, means, and consequence of the crime of this case, and the circumstances after the crime, etc., the sentence of the court below is somewhat somewhat somewhat somewhat minor.

3. In conclusion, the prosecutor's appeal is with merit, 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 after pleading.

Criminal facts

The summary of the judgment of the court below and the summary of evidence is the same as the corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;