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(영문) 부산지방법원 2018.07.06 2018노1041

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) explicitly withdrawn all of the remaining arguments except unfair claims on the first trial date.

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Before determining the reasons for an ex officio appeal, the Prosecutor stated ex officio in the trial of the case, ① the part on the victim’s merts fire (1,30 won) No. 19 in the instant indictment No. 19 in the instant indictment, and the victim’s merts fire (1,307,450 won) No. 25 in the instant indictment, and the written application for permission for changes to indictment, and the amount of the victim’s merts fire in this part is “1,323,550 won” but it appears that the amount of the victim’s merts fire in this case is “1,307,450 won.”

The part of the victim AI life (300,000 won), the part of the victim PC life (600,000 won), the part of the victim PC life (200,000 won) and the part of the victim PC life (520,000 won) were deleted at a moment, and the part of the victim PC life (520,000 won) were deleted at a moment. < Amended by Presidential Decree No. 261,637,118 won in the last part of paragraph 1 of this case, "261,637,118 won" was changed to "257,843,838 won" in the charges of this case, and the judgment of the court below was changed to that effect, and therefore, it was impossible to maintain as it was.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

【The criminal facts and the summary of the evidence admitted by the court and the summary of the facts charged by this court are as follows. The part of the judgment of the court below on the victim’s merts fire (1,307,450 won) No. 19 No. 19 of the [Attachment] List of Crimes (A], the part on the victim’s merts fire (1,307,450 won), the victim’s life (300,000 won), the part on the victim’s PC life (60,000 won), the part on the victim’s PC life (60,000 won) and the summary of the evidence, the end of the judgment of the court below against the victim’s life (20,000 won) and the victim’s PC life (520,000 column).