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(영문) 서울중앙지방법원 2015.07.23 2015노1485

사기등

Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. In full view of all the circumstances indicated in the records and arguments of this case, including the defendant's age and health status, the defendant's career, character and conduct, environment, details and motive of the crime, means and result of the crime, etc., it is determined that the sentence imposed by the court below is somewhat inappropriate. In addition, considering the following circumstances, the defendant's punishment imposed by the court below is somewhat inappropriate.

Therefore, the defendant's argument is justified.

3. Since the appeal by the defendant is well-grounded, it shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it shall be ruled again as follows.

[Discied Reasons for Judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369

Application of Statutes

1. Relevant provisions of Article 347 (1) of the Criminal Act for the crime concerned, Article 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act for each crime (the use of each falsified investigative document);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances presented in the judgment on the grounds for appeal);