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(영문) 서울중앙지방법원 2017.05.11 2017노808
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

All applications for compensation order filed by applicants.

Reasons

1. The sentence imposed by the lower court (two years and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Taking into account the following factors: (a) the defendant had a previous conviction for the same kind of crime; (b) the number of crimes and the amount of damage; (c) the planned and repeated crimes are planned and repeated crimes; and (d) significant damage has not been restored, a corresponding punishment should be imposed on the defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant has committed a crime that was partially denied by the court below when it was in the first instance trial, and that there was an agreement with the victim AB, D, and the fact that the defendant suffered from the aftermath of the defendant, and that the defendant suffered from the aftermath of the defendant, etc., the punishment sentenced by the court below is unfair because of the defendant's age, environment, and all other sentencing conditions in the records and arguments of this case, including the circumstances before and after the crime.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows after pleading.

[Grounds for a new judgment] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as stated in each corresponding column, except for the addition of “the Defendant’s present trial statement” to the column for the evidence of the court below’s judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

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. Sentencing Articles 32(1) and 32(2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (the existence or scope of liability for compensation is not clear and thus, it is not reasonable to issue a compensation order).

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