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(영문) 수원지방법원 2013.04.18 2012노5810

사기등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (one year and four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (one year and four months of imprisonment) is too unhued and unreasonable.

2. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, background of crime, means and method, etc., the Defendant’s mistake is divided and reflected, the Defendant’s violation of the Guarantee of Automobile Accident Compensation Act has no other criminal records other than punishment once, and the background leading to the instant crime was derived from the Defendant’s pressure due to the Defendant’s failure to properly sell the newly built house due to the financial crisis caused by the U.S. S. S. Western base since 2008 and the invasion of the domestic real estate market, and the fact that the victims agreed with G during the trial and reached an agreement with G, etc., it is deemed unfair that the Defendant’s sentence imposed by the lower court is too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal has merit, and the following judgment is rendered after pleading.

However, the prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal, and thus, the defendant's criminal facts and summary of evidence recognized by this court are identical to the description of each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud, the choice of imprisonment), Article 225 of the Criminal Act (the point of aiding and abetting official documents in the market), Articles 229 and 225 of the Criminal Act (the point of uttering of forged official documents at the time of market);

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