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(영문) 부산지방법원 2018.03.29 2018노67
사기
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (one year and four months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case committed by the murderee is committed by deceiving the victims and by deceiving them a total of KRW 130 million from the victims, and the criminal liability is heavy in light of the circumstances and details of the crime, and the defendant has several records of punishment for the same kind of crime, etc., which are disadvantageous to the defendant is recognized.

However, in light of the fact that the defendant led to the confession of the crime of this case and reflects his mistake in depth, the victim N withdraws the complaint against the defendant at the investigation stage, the victim H, P and original consent after the decision of the court below, and the above victims do not want the punishment of the defendant, the defendant is at the present spouse and six minor children, the defendant's family members, etc. are in the position to support the defendant's family members, and the defendant's family members, etc. seems to clearly have a social relationship with the defendant, such as the defendant's age, sexual behavior, environment, etc., and other circumstances, which are the conditions for sentencing as specified in the arguments of this case, the court below's punishment against the defendant is deemed unfair rather than unfair, because it is too unreasonable.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed separately).

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