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(영문) 부산지방법원 2019.03.29 2019노33
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. We examine the judgment, and the fact that the defendant repeatedly committed each of the instant frauds against many victims, and that the amount of the frauds is not certain is disadvantageous to the defendant.

However, the court below made an agreement with the above victims by repaying the amount of damage of the victim B, D, and G at the court below. After the victim's repayment of the damage of the victim J in the trial, the victim did not want the punishment of the defendant, the defendant recognized all the crimes, recognized the defendant's mistake in depth through confinement life, and considered equity in the case of being tried together with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) in the judgment of the court below. In full view of all other matters concerning the sentencing specified in the arguments of this case, including the defendant's age, character and behavior, environment, motive, means, and consequence of the crime of this case, the punishment of the court below is unreasonable, and the defendant's assertion is with merit.

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

[Discied Judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 3

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Suspension of execution is set forth in Article 62(1) of the Criminal Act (the foregoing, taking into account the favorable circumstances among the reasons for reversal).

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