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(영문) 서울서부지방법원 2015.09.04 2015노936
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of one year and six months, and a short term of one year.

seizure.

Reasons

1. The sentence of the lower court (two years of imprisonment) to the point of the reasons for appeal is too unreasonable.

2. Ex officio determination of ex officio, the Defendant, U.S., who was a juvenile under Article 2 of the Juvenile Act at the time the lower judgment was rendered, is extremely apparent. Since the crime of fraud in this case and larceny fall under a limited term of not less than two years, it should have been sentenced to an illegal punishment under Article 60(1) of the Juvenile Act against the Defendant.

However, the judgment of the court below contains an error of law that sentenced the defendant to a two-year regular imprisonment.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Articles 329, 30 of the Criminal Act and Articles 329, 329, and 30 of the Criminal Act, and Articles 347 (1) and 30 of the Criminal Act (Fraud point and Selection of Imprisonment with prison labor);

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

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, such as the instant case, requires a strict punishment of the harm that may result in society by systematically and systematically committed against many unspecified victims, and by massing a large number of victims: Provided, That the Defendant agreed with the victim I in the trial, deposited KRW 50,000 to the victim L, recognized the Defendant’s mistake and in depth, there is no record of criminal punishment, and the Defendant is currently a juvenile of 18 years of age.

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