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(영문) 광주지방법원 2016.04.06 2016노284
사기
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The sentence against the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case is a case where the defendant stolen or stolen approximately KRW 150,000,000, and the nature of the crime is not good, and the defendant has a criminal record which has been punished several times due to the same crime.

On the other hand, the fact that the defendant made a confession of all the crimes against the defendant and recognized his mistake is recognized, the fact that the victim C wanted to have a prior wife against the defendant under an agreement with the victim C in the trial of the party, and that the health of the defendant seems to be inadequate is favorable.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unlimited and deemed unfair, and thus, the Defendant’s assertion is reasonable.

3. As such, the defendant's appeal is reasonable, and the part of the judgment below excluding the rejection of an application for compensation order among the court below's decision pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows after pleading.

[Judgment of the court below] The summary of facts constituting an offense and evidence acknowledged by this court is identical to the facts stated in each corresponding column of the court below's judgment (Article 369 of the Criminal Procedure Act). The application of statutes is to apply, except where "the defendant's oral statement" is added to the column of evidence of the court below's judgment.

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 329 of the Criminal Act (the point of fraud), and the choice of imprisonment with prison labor, respectively;

1. The latter part of Article 37 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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