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(영문) 부산지방법원 2015.08.28 2015노1858
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below against the defendant (one year of imprisonment) is too unhutiled.

2. It is recognized that all of the instant crimes have been recognized by the Defendant; the Defendant suffers from depression, liveration, etc. and health conditions are not good; and the Defendant’s economic situation is very difficult.

However, the crime of this case is deemed to have purchased goods by illegally using a stolen credit card after the defendant stolen another person's credit card with a retail store, and it is not good in light of the Criminal Procedure Act. The defendant committed the same crime at the time of the lapse of one month, even though the execution of the sentence became final and conclusive due to a considerable number of similar crimes, and the defendant committed the same crime at the time of the lapse of two years and six months, and did not reach agreement with the victims even though the execution of the sentence was completed, taking into comprehensive account all other circumstances, such as the defendant's age, environment, family relationship, the circumstances leading to the crime of this case, and the circumstances before and after the crime, etc., the sentence of the court below is deemed to be unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1), 352, 347(1) and 329 of the Criminal Act, Article 70(1)3 (a) of the Specialized Credit Finance Business Act and the choice of punishment for a crime, each of the following imprisonment Articles 347(1), 352, 347(1) and 329 of the Criminal Act, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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