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(영문) 서울북부지방법원 2016.01.29 2015노2124
사기등
Text

The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable (eight months of imprisonment).

2. We examine the judgment of the court below, and the victim G expressed his intention not to punish. The victim M was actually recovered from the co-defendant B of the court below. The victim M had a criminal record having a concurrent criminal relationship with this case and the latter part of Article 37 of the Criminal Act, there was a child to support the defendant, and other various sentencing conditions shown in the arguments, such as the number of days of detention prior to the decision of the court below (132 days) and the defendant's age, sexual behavior, family environment, etc., are heavier than those of the court below.

The decision is judged.

Therefore, we accept the defendant's argument.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is reversed and it is ruled again as follows.

[Judgment] The summary of facts constituting an offense and evidence admitted by a party member of the summary of the facts constituting an offense and evidence is identical to the corresponding column of the judgment below, and thus, it is cited as it is by Article 369 of the Criminal Procedure Act

However, the following criminal records shall be added to all criminal facts:

On November 8, 2013, the Defendant was sentenced to six months of imprisonment and one year of suspended execution due to the charge of forging securities at the Seoul Northern District Court (Seoul Northern District Court). The judgment became final and conclusive on November 16, 2013.

[Application of Laws]

1. Articles 347(1), 231, 30, 234, 231, 30, 30, 347(1), and 30 of the Criminal Act concerning the crime;

1. Imprisonment with prison labor for choice of punishment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to Article 39 (1) shall apply;

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. Protection and observation, community service work, and Article 62-2 of the Criminal Act;

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