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(영문) 의정부지방법원 2013.06.27 2013노1047

사기

Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence of imprisonment (ten months of imprisonment) by the lower court is too unreasonable.

2. It is also true that there are circumstances unfavorable to the defendant, such as the fact that the amount of damage caused by the fraud of this case is the largest amount, the defendant has a record of criminal punishment several times, and the same crime can be committed several times.

However, it is necessary to consider the circumstances such as the fact that the defendant's attitude of denying the crime of this case was changed to the court of first instance, that the defendant led to the confession of the crime of this case in the first instance, that the defendant agreed with the victim I in the first instance, that there was an agreement with the victim C in the second instance, that there was a family member to support the defendant, and that the defendant is breaking his mistake in depth through a prison life for about two months.

In addition, considering the defendant's age, character and conduct, intelligence and environment, circumstances leading to this case, circumstances after the crime, and various circumstances that are conditions for sentencing as shown in the argument of this case, it is recognized that the sentence imposed by the court below against the defendant is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence is the same as the corresponding column of the judgment of the court below, since it is the same as that of the corresponding column of the court below, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;