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(영문) 서울북부지방법원 2016.09.29 2016노1291
사기등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and four months, and Defendant B shall be punished by imprisonment with prison labor of six months.

(b).

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (one and half years of imprisonment, and one and half months of imprisonment, and two years of suspended execution) is too unreasonable.

2. We examine ex officio judgment (part on Defendant B) prior to the judgment on Defendant B’s grounds for appeal.

Articles 157 and 153 of the Criminal Code provide that the punishment shall be mitigated or remitted in cases where a person who committed an offense without a complaint makes a confession or receives a punishment before the judgment or disciplinary action on the reported case becomes final and conclusive.

Defendant

B led to the trial of the first instance, the confession was made against the instant accusation and the judgment, etc. was made against A against the person who was in the absence of records.

There is no evidence to view, which is the case when Defendant B made a confession before the judgment of the reported case became final and conclusive.

Therefore, since punishment should be mitigated or exempted pursuant to Articles 157 and 153 of the Criminal Code, the part concerning Defendant B among the judgment of the court below cannot be maintained in this respect.

3. In light of the background, means, and methods of the instant crime, etc., in light of the judgment on the grounds of appeal by Defendant A, the liability for the relevant crime is grave, and the Defendant was punished for a crime similar to the instant crime, and there was a record of being sentenced to punishment. However, while the Defendant was in the first instance trial, it is against the Defendant by fully recognizing the instant crime, and the Defendant was in the first instance trial; the Defendant did not want the punishment of the Defendant under mutual consent with the victim B; the motive and background leading up to the instant crime; the means and method of the instant crime; the means and method of the instant crime; the circumstances before and after the instant crime; the Defendant’s age, sexual behavior, environment, occupation, family relation, etc.; and other various circumstances, which are the conditions of sentencing as shown in the records and pleadings, it is unreasonable for the lower

4. Accordingly, Defendant A’s appeal is reasonable.

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