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(영문) 부산지방법원 2017.10.27 2017노3016
컴퓨터등사용사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant acknowledges all crimes of late late and late, and the fact that the defendant must support the old-age who is not good in health, etc.

However, due to the crime of injury in this case, the victim suffered difficulties in daily life due to a long-term hospitalization even after the victim performed a heavy injury requiring medical treatment for about 98 days and received hospitalized treatment for a long time. Nevertheless, there is a high possibility of criticism by threatening the victim to the effect that the victim would not only have to reach an agreement if the victim would not have reached an agreement upon finding the victim’s house, rather than paying damages, and there is a history of criminal punishment several times due to violent crimes and frauds, and in particular, the victim committed each of the crimes in this case without being aware of the fact that the victim did not reach an agreement, even though during the period of repeated crime, and that the victim did not reach an agreement with the court.

In full view of all the circumstances, including these circumstances, such as equity with a similar case, the age, sex, and environment of the defendant, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too unfeasible and unfair.

3. Thus, the prosecutor's appeal is with merit, and the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows after pleading ( there is no ground for appeal by the defendant, but the decision of the court below is not dismissed separately as long as the decision of the court below is accepted by the prosecutor and the decision of the court below is reversed). The summary of the crime and the evidence

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