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(영문) 서울남부지방법원 2018.08.24 2018노785
야간건조물침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one hundred months of imprisonment) is too unreasonable.

2. On July 21, 2017, the Defendant committed each of the instant crimes even though he/she was sentenced to a suspended sentence of two years in the period of imprisonment for fraud, etc. at the Changwon District Court’s branch branch on July 21, 2017, even though he/she was sentenced to a suspended sentence of two years due to fraud, etc., and committed each of the instant crimes; the document forgery and event; and there is considerable possibility of criticism in light of the method of committing the crime; and

However, in the court below, the defendant agreed to pay the full amount to the victim D with a large amount of damage, and agreed to the part of the fraud crime with some victims, etc. are favorable to the defendant.

In full view of the defendant's age, sexual conduct, means and consequence of the crime, the suspended sentence of six months seems to have to be revoked by this judgment, and all of the sentencing conditions specified in the records and arguments in this case, the sentence imposed by the court below is too unreasonable, and thus, the defendant's assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading 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. Article 330 of the Criminal Act (the point of larceny of a structure at night), Article 231 of the Criminal Act (the point of the same Article as private document), Articles 234 and 231 of the Criminal Act (the point of exercising the above investigation document), Article 347 (1) of the Criminal Act (the point of each fraud), Articles 352 and 347 (1) of the Criminal Act (the point of attempted fraud) concerning criminal facts;

1. The crime of forging a private document chosen to impose a punishment, the crime of gambling the above-mentioned document, and each of them;

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