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(영문) 부산지방법원 2019.03.21 2019노102

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Although the Defendant had had a variety of records of the same kind, he/she again committed the instant crime, and there are no few instances of crimes.

However, the total amount of damage is not relatively large, and the defendant paid the victims the total amount of money by deceit, and some victims do not want the punishment of the defendant.

In addition, taking into account the following circumstances, such as the Defendant’s age, character and conduct, motive and background of the offense, and circumstances after the offense, etc., the sentence imposed by the lower court is unreasonable.

3. According to the records of the judgment of the court below and the judgment on the application for compensation order at the court below, the defendant can recognize the fact that he has paid the victims the total amount of money obtained by deceit. Thus, each application for compensation filed by the court below and the court below is without merit.

4. The judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the part of the compensation order against the applicant for compensation among the judgment below is revoked. The application for each compensation order filed by AB and P, which is the applicant for compensation, shall be dismissed in accordance with Article 32(1)2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

[Discied Judgment] The criminal facts and summary of evidence against the defendant recognized by the court are identical to each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Articles 15(2) and 6-2 of the Reserve Forces Act, and the choice of imprisonment, respectively, for the crime;

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