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(영문) 부산지방법원 2013.09.26 2013노2139

사기

Text

The judgment below

The part on the crime No. 2-6 of the judgment is reversed.

A fine is imposed on Defendant 2-6 of the judgment of the court below.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (one million won for the first crime at the time, and imprisonment with prison labor for the second to six crimes in its holding) is too unreasonable.

Judgment

In light of the following: (a) Of the instant case, the part as to the crime No. 1 of the judgment of the court below regarding the crime is against the Defendant’s confession while committing the crime; (b) the crime in this part is committed on November 1, 2012, which became final and conclusive in the first head of the criminal facts as indicated in the judgment of the court below, and the equality with the case to be declared concurrently in concurrent crimes under the latter part of Article 37 of the Criminal Act; and (c) the victim E’s mother and Y have no significant amount of damage inflicted upon the Defendant’s victim; (d) even though the Defendant had had the record of criminal punishment several times for the same kind of crime, the Defendant committed another crime; (e) the equity in sentencing with the same and sentencing; and (e) other various circumstances, which include the motive and circumstance of the crime; (e) the Defendant’s age, character and conduct; and (e) the sentencing conditions specified in the records and arguments

However, in the case of the crime of Articles 2 through 6 of the judgment of the court below, even though the defendant was placed in the place of the suspended sentence due to fraud for which the judgment of the court below became final and conclusive, he committed another crime during the suspended sentence, and in particular, since he was arrested as a flagrant offender several times due to the crimes of Articles 2 through 6 of the judgment of the court, and was released again after being investigated, and he continued to commit the crime, the nature of the crime is not good. However, the defendant's confession of this part of the crime, the victim's damage amount is not significant, and the victim's mother and Y returned all the amount of damage to the victims, and the defendant's punishment return to the victims after being sentenced to the punishment of this part of the crime becomes final and conclusive, it is somewhat harsh compared to the defendant's crime.

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