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(영문) 의정부지방법원 2014.12.12 2014노2462
사기등
Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the defendant committed a crime against many victims, such as fraud, and that it appears that the damage had not been properly recovered even before the trial is disadvantageous to the sentencing.

However, in full view of all the circumstances, including the Defendant’s confession of all the instant crimes, and the degree of damage caused by each of the instant crimes, the Defendant did not seem to be significantly high, and there was no record of criminal punishment exceeding the fine, and the Defendant’s age, character and conduct, environment, occupation, circumstances leading to the instant crimes, details and circumstances leading to the instant crimes, etc., the sentence of the lower court is excessively unreasonable.

Therefore, the defendant's 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.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1), 355 (1) and 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment for the crime, respectively;

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

1. Article 62 (1) of the Criminal Act (Taking into account the foregoing circumstances);

1. Social service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Articles 32 (1) and 25 (3) 3 (where the scope of liability for damages is not clear) of the Act on Special Cases concerning the Promotion, etc. of Applications for Compensation Orders;

(a) Class 1 (Fraud) fraud;

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