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(영문) 부산지방법원 2014.12.29 2014노4072
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (six months of imprisonment) is too unreasonable.

Judgment

In light of the circumstances that are unfavorable to the defendant, but the defendant is in profoundly against the defendant while making a confession of all the crimes of this case. The crime of this case was committed simultaneously in the relation of occupational embezzlement as stated in the first head of the crime of this case and the latter concurrent crimes of Article 37 of the Criminal Act. The victims do not want punishment for the defendant. In addition, considering the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, the sentencing of the court below is somewhat inappropriate.

3. The defendant and the applicant for compensation regarding the application for compensation order of the applicant for compensation reached in the trial, and it is not reasonable to issue an order for compensation in the criminal procedure because the scope of liability for compensation is not clear.

4. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the case is again decided as follows, and the application for remedy order against the defendant by the applicant for compensation is dismissed in accordance with Article 32(1) of the Act on Special Cases

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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