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(영문) 부산지방법원 2014.08.14 2014노621
사기
Text

All part of the judgment of the court below against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

. Prosecutors;

Reasons

Summary of Grounds for Appeal

A. Each punishment sentenced by the lower court to Defendant A (the first instance judgment: imprisonment with prison labor for August and the second instance judgment: imprisonment with prison labor for one year) is too unreasonable.

B. The sentencing of the first instance court (Defendant 1: 6 months of imprisonment, 2 years of probation, 120 hours of community service, and 2: 8 months of imprisonment) by the prosecutor is deemed to be too unhued and unfair.

Defendant

The first and second original courts rendered a judgment with respect to A, and each of the above decisions was rendered by Defendant A, and the prosecutor filed an appeal against the first instance judgment, and this court decided to hold concurrent hearings with respect to the above two appeals. The first and second original judgments with respect to each of the above crimes against Defendant A should be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes under Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, all of the parts of the lower judgment with respect to Defendant A cannot be exempt from reversal.

Defendant I’s judgment on the grounds of appeal against Defendant I of this case also committed the crime of this case without any reflection of the fact that Defendant I had been subject to criminal punishment on ten occasions in total, including that he was punished twice for the same crime, even before the crime of this case, and did not reach an agreement with the victim up to the trial court, etc., which are unfavorable to the Defendant, or the Defendant is in depth, making a confession of all the crime of this case; the amount received by the Defendant out of KRW 54 million is KRW 15 million, and some of them are remitted to A, which is minor, and the degree of participation is insignificant; the crime of this case should take into account equity between the crime of this case and the concurrent crime of Article 37 of the Criminal Act, which has become final and conclusive in the first head of the crime of this case as indicated in the judgment of the court below and the latter part of Article 37 of the Criminal Act; and other crimes of this case.

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