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(영문) 부산지방법원 2017.08.25 2017노2025
상습사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the Defendant had a record of being punished once for the same type of fraud, 6 times, and 5 times for the same crime, and that the previous criminal record of fraud was committed by a non-exclusive or non-exclusive line, such as the instant crime, and that the frequency of the instant fraud crimes is not more than 6 times in total, and that the crime of false accusation not only interferes with the appropriate exercise of national criminal justice or disciplinary rights, but also requires strict punishment as a serious crime that causes the risk of having a person who is not subject to criminal punishment or disciplinary measures.

However, considering all of the sentencing conditions of the instant argument, such as the Defendant’s age, sex, environment, motive, means and consequence of each of the instant crimes, etc., it is recognized that the sentence imposed by the lower court is too unreasonable, considering the following factors: (a) the Defendant made a confession of all of the crimes, and there is no past record of punishment heavier than the fine; (b) individual damage amount of the fraudulent crime was not significant; (c) the victim was agreed with AA and F among the victims of fraud; (d) the victim was not subject to criminal punishment; and (e) the victim was the victim’s wife; and (e) the victim was taking into account the Defendant’s age, sexual behavior, and environment; and (e) the motive, means and consequence of each of the instant crimes; and

3. According to the 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 well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for criminal facts, Articles 351 and 347(1) of the Criminal Act for the choice of punishment (in the case of a joint crime with C, the addition to Article 30 of the Criminal Act and the habitual fraud, inclusive) of the Criminal Act, Article 156 of the Criminal Act and the choice of imprisonment, respectively;

1. Legal provisions;

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