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(영문) 부산지방법원 2018.02.09 2017노4524

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of five months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that: (a) the Defendant and the Prosecutor’s unfair arguments on the sentencing of each of the instant offenses together were examined; (b) the liability for the instant offenses is not less and less in light of the form, method, and frequency, etc. of each of the instant offenses; (c) the Defendant has been sentenced to a fine through several times; (d) the Defendant has been subject to a suspended sentence; and (e) the Defendant has

However, in consideration of the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, and all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the commission of the crime, the punishment imposed by the lower court is too unreasonable.

Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the decision is rendered again after pleading (Provided, That as long as the judgment of the court below is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately). The criminal facts acknowledged by the court and the summary of the evidence are identical to the facts constituting the offense and the relevant column of the judgment of the court below, thereby

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 a penalty;

1. The aggravated punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes provided for in Article 4 of the Decision with the largest punishment for concurrent crimes);