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(영문) 서울북부지방법원 2017.04.14 2016노1591
사기등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be set forth in six months.

(2) the date of this judgment.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. In the appellate trial, the Defendant agreed with the victim’s wife B, and theO expressed its intention not to hold the Defendant liable for criminal liability later.

In addition, the lower court’s punishment against the Defendant is unreasonable in light of the following factors: (a) comparing the sentencing conditions as indicated in the instant case’s records and changes; and (b) comparing the sentencing grounds for the

Therefore, the defendant's argument of sentencing is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of the recommended sentence;

(a) A crime of Class 1 (Crime of Fraud) (Crime of Recommendation) (Crime of Fraud) (Crime of less than KRW 100 million) in the area of mitigation (one month to one year) (Specially mitigated person) in the area of mitigation, or a significant damage has been restored;

(b) Cases where the mitigated area (one to six months) of the mitigated area (one-month), the punishment is not suspended (including serious efforts to recover damage), or substantial damage is recovered from the mitigated area (including one-way efforts to recover damage) of the second-class crime (the scope of the recommended punishment) (the scope of punishment) general standards;

(c) The scope of final sentence due to the aggravation of multiple offenses: one month to one year; and

2. Major reasons for a stay of execution: positive - General reasons for a stay of execution: positive - serious reflection

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