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(영문) 부산지방법원 2015.11.05 2015노2418
사기
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence of the court below is too unreasonable in light of various sentencing conditions in light of the gist of the grounds for appeal.

2. The grounds for appeal include not only the Defendant had been punished several times for the same kind of crime, but also the Defendant committed each of the instant crimes under the same law during the period of repeated crime for the same kind of crime, and the victims who failed to recover from damage caused by each of the instant crimes want to be punished by the Defendant, which are disadvantageous to the Defendant.

However, in full view of the fact that the defendant recognized all of the crimes in this case, the total amount of damage to each of the crimes in this case is only about 2.6 million won, special larceny and fraud, which was finalized by a sentence of one-year imprisonment with prison labor for the first head in the judgment of the court below, and the balance between the crimes in this case and the crimes in this case should be considered at the same time, and other various circumstances, including the defendant's age, character and conduct, circumstances after the crime, etc., and the result of the application of sentencing guidelines by the Sentencing Commission of the Supreme Court, the sentence sentenced by the court below is unreasonable.

3. In conclusion, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is with merit, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as those stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

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