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(영문) 대전지방법원 2016.09.08 2016노1976

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court against the Defendant is too unreasonable.

2. The Defendant committed each of the instant crimes against many victims, etc. is disadvantageous to the Defendant.

However, in light of various sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, character, environment, motive, means and consequence, the damage of the victim S was restored to a considerable part, and there was no criminal records which have been punished for the same kind of crime against the defendant. Each of the crimes in this case must be determined at the same time in consideration of equity between the case and the case where each of the crimes in this case is concurrent crimes under the final judgment of the court below and the latter part of Article 37 of the Criminal Act. The social relation of the defendant seems clear, as the defendant's family and branch members are taking into account the defendant's normal rehabilitation into society, and the defendant's social relation seems to be clear. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence, before and after the crime, the defendant's sentence imposed by the court below is considered unfair. Thus, the defendant's assertion of unfair

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

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, it shall be quoted as it is in accordance with Article 369

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.