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(영문) 서울남부지방법원 2017.12.08 2017노838

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (eight months of imprisonment) is too unreasonable.

2. Taking into account the circumstances that the court below rendered on the grounds of sentencing (the fact that the court below committed each of the crimes of this case during the period of the suspension of the execution, in lieu of the request of an investigative agency, the failure to comply with the request of an investigation agency, and the escape) and the victim G and N, even though it has not yet reached an agreement with the victim C, I, andO, confession of each of the crimes of this case, and equality with each of the crimes of this case must be considered at the same time as the crimes of this case in the judgment of the court below which became final and conclusive, since the sentence imposed on the defendant is too unreasonable, the defendant's argument on the punishment of the defendant is justified.

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.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraudulent point), Article 323 of the Criminal Act, Article 329 of the Criminal Act (the point of obstructing exercise of rights), and Article 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The sentencing conditions set forth in the instant case, such as the Defendant’s previous conviction, age, sexual conduct, environment, etc., shall be considered in light of the same circumstances as stated in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are subject to aggravated concurrent crimes.