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(영문) 부산지방법원 2017.11.09 2017노2330

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (2 million won in penalty) on the summary of the grounds for appeal is too unreasonable.

2. Although the judgment of the court below has two times the records of punishment for the same crime, the sentence imposed by the court below is unreasonable in light of the following: (a) the defendant recognized the crime of this case; (b) the defendant repaid and agreed to pay the amount of damage to the victim after the decision of the court below was rendered; (c) the situation of the basic livelihood recipient is difficult to economic situations; and (d) other various conditions of sentencing as indicated in the records and arguments of this case, including the defendant's age

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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. The reasons for the reversal of the sentence under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention of the workhouses shall be determined by taking into account these circumstances into account.