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(영문) 대구지방법원 2015.08.21 2015노2216
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2.5 million won of a fine) is too unreasonable.

2. The judgment of the court below is against the defendant's confession of the crime of this case, and since the crime of this case is one of the concurrent crimes as stated in the first head of the judgment of the court below and the latter part of Article 37 of the Criminal Act, the punishment of this case should be determined in consideration of equity with the case where the judgment of the court is held simultaneously pursuant to Article 39 (1) of the Criminal Act. However, there are still no records of recovery from damage, the defendant has been punished for the same crime, the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case, the means and consequence of the crime of this case, and all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, etc., the punishment of the

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the phrase “1. Induction” in the application of the law of the court below ex officio shall be corrected as the phrase “Article 70(1) and Article 69(2) of the Criminal Act” in the application of the law of the court below to the phrase “Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014)

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