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(영문) 대구지방법원 2017.03.16 2017노234

사기

Text

The judgment of the court below is reversed.

As to the crime No. 1 of the judgment of the defendant, the crime of 6 months of imprisonment and No. 2 of the judgment.

Reasons

1. The decision of the court below (the crime No. 1 in its decision: imprisonment with prison labor for 6 months, and the crime No. 2 in its decision: imprisonment with prison labor for 2 months) is too unreasonable.

2. The Defendant, by deceiving the victim, acquired money worth KRW 57 million in total.

However, in full view of the following circumstances: (a) the Defendant recognized the facts charged and is against the Defendant; (b) the victim did not want the punishment of the Defendant by mutual agreement with the victim; (c) the victim has no record of being punished for the same kind of crime; and (d) the crime of Article 1 of the judgment of the court below should be judged concurrently in the relationship of concurrent crimes with the previous conviction of the judgment of the court below which became final and conclusive and the crime of Article 37 of the Criminal Act; and (e) other various circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age, sex, environment, occupation, circumstances leading to the crime; and (e) circumstances after the crime

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

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

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) of the Criminal Act (as to the crime No. 1 of the Decision);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);