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(영문) 서울북부지방법원 2016.04.08 2016노2
사기등
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

The punishment of the accused shall be determined by one year and six months.

Reasons

1. Reasons for appeal;

A. The lower court’s punishment is heavy.

B. The prosecutor’s sentence of the lower court is less than that of the Plaintiff.

2. We also examine the grounds for appeal filed by the Defendant and the Prosecutor regarding sentencing.

The defendant's crime is a planned crime by sharing several persons' roles, and also used the method of aiding private documents.

The amount of damage caused by several crimes was large and did not recover from damage.

Even if considering the principle of equity in the case of trial at the same time as the defendant's reflective and final judgment, the sentence of the court below is recognized as easy.

3. As alleged in the grounds of appeal by the prosecutor of the conclusion, the part of the judgment below excluding the compensation order among the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act; Articles 347(1), 352, 231, and 30 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act and Article 39(1) of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendations] Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (10 million won or less) (1 to 2 years and 6 months) of the increased area (10 million won or by deceiving the court in trial proceedings;

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