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(영문) 의정부지방법원 2018.02.08 2017노3255
사기
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 court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The instant crime was committed on two occasions without the intent and ability to repay, and was provided with alcohol, alcohol, and entertainment entertainment services without the ability to repay, and the nature of the crime is not good. The Defendant had the same criminal record at least 20 times, and the instant crime was committed during the repeated crime period due to the same crime.

However, the Defendant has led to the confession of all crimes and against the mistake.

The amount of damage caused by the instant crime is relatively small.

The Defendant agreed with the victim G at the stage of investigation, and agreed with the victim D at the stage of the original trial.

The victims expressed their intention that they do not want to punish the defendant.

The Defendant paid the victims the total amount of damages.

A defendant has a family member to be supported by him/her.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sexual conduct, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime, the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

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 with merit, and the judgment below is ruled again after pleading as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court is identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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