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(영문) 울산지방법원 2017.04.27 2017노143

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

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

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

2. Unfavorable circumstances: there are many records of criminal punishment imposed by the defendant for the same kind of crime;

Defendant has committed the same kind of crime within the short time after the execution of imprisonment with prison labor for the same kind of crime.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

The degree of damage caused by the crime of this case is not hot.

In the court below, the defendant agreed with the victim J and agreed with the victim G in the trial.

The defendant deposited 143,00 won for the victim D in the trial of the party.

In full view of the above unfavorable circumstances, including the Defendant’s age, character and character environment, the motive and consequence of the Defendant’s act, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too unreasonable since the sentence imposed by the Defendant is too unreasonable. As such, the Defendant’s argument about the sentencing was with merit, while the Prosecutor’s argument about the sentencing was without merit.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows (the prosecutor's appeal is without merit, and so long as the judgment of the court below is accepted and reversed, the prosecutor's appeal is dismissed separately from the disposition). 【Grounds for the new judgment of the court's reasoning] The summary of criminal facts and evidence is identical to each corresponding part of the judgment of the court below, and the summary of evidence is identical to those of the judgment of the court below, thereby citing it pursuant to

Application of Statutes

1. Article 347(1) of the Criminal Act (the point of fraud) and Article 260(1) of the Criminal Act (the act of violence) against the crime in question.