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(영문) 수원지방법원 2015.04.09 2015노1018
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 (two years and six months of imprisonment) by the lower court is too unreasonable.

2. It is reasonable that there is an unfavorable circumstance to the defendant, such as the fact that the defendant has a record of committing the same crime, the fact that the money has been stolen by means of forging private documents, etc., and that the crime is considerably poor in terms of the criminal method, and that the damage has not been recovered to the victim.

However, in full view of all the conditions of sentencing as shown in the arguments of this case, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., the Defendant’s above assertion is deemed unfair because it is too unreasonable, since it is acknowledged that the Defendant’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, Article 34 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, each of the choice of punishment for the crime;

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

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