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(영문) 수원지방법원 2018.03.12 2017노9299

상습사기

Text

The judgment below

Of them, the part concerning the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years and six months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the defendant through deception of money equivalent to the price of goods from many victims under the circumstance that the crime of this case was committed, in light of the method of crime and the scale of damage, etc., and the defendant committed the crime of this case under the same veterinary act only five days after release even though it was a repeated crime period due to the same crime. However, although the defendant had an attitude to recognize and reflect his mistake, it appears that the defendant returned all or part of the victims up to the court below's judgment, it was favorable to the defendant, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, method and consequence of the crime, circumstances after the crime, etc., and considering various sentencing conditions as shown in the records and changes theory, the sentence of the court below is somewhat unreasonable.

The defendant's argument of sentencing is justified.

3. As the defendant's appeal is with merit, pursuant to Article 364 (6) of the Criminal Procedure Act, the part concerning the defendant's case among the judgment below is reversed and the defendant's appeal is again decided 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 Article of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;