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(영문) 광주지방법원 2018.10.10 2018노521
사기미수등
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the nature of the instant crime is not good and that the agreement with the victim and E or the recovery of damage has not been reached until the judgment was rendered, strict punishment against the Defendant is necessary.

However, when considering the defendant's age, sex and environment, motive, means and consequence of the crime of this case, the punishment of the court below against the defendant is too unreasonable, since it is recognized that the defendant's punishment against the defendant is too unreasonable, since it is too unreasonable, since the defendant's punishment against the defendant is too unreasonable, it is reasonable to view that the defendant's above argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by the court are as follows: (a) addition to the “written statement by the defendant at the trial on 1.1” to the following 3th page 12 of the judgment of the court below; and (b) deletion of 15th page 3, it is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of exercising the above investigation document), Articles 352 and 347 (1) of the Criminal Act (the point of attempted fraud) of the Criminal Act, and the choice of imprisonment for each type of punishment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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