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(영문) 서울서부지방법원 2017.08.31 2017노216
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.

2. It is recognized that there was no agreement with the victims, excluding G and the Z as the victim of the embezzlement of the deserted article in possession, in light of the following facts: (a) the amount of damage in this case was large; and (b) there was a large number of victims;

However, in full view of the following factors: (a) the agreement between the victim G, Z and the lower court was reached; (b) the Defendant led to the confession of all the instant crimes in the trial at the lower court; and (c) the Defendant reflects his mistake; (d) the fact that the Plaintiff’s vehicle was sold by public sale of rash as the goods damaged by fraud; and (e) the Defendant’s age, sexual conduct, environment, the process and consequence of the instant crime; and (e) the circumstances after the instant crime, etc., the lower court’s punishment is somewhat unreasonable, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act (the fraud, and Article 30 of the Criminal Act for the crime No. 3213 highestest 3213 highestest) as to the crime, Articles 231, 30 of the Criminal Act (the above Article of private document) of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act (the use of the above investigation document) of each Criminal Act, Article 360(1) of the Criminal Act (the use of the above investigation document), each of the choice of imprisonment

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

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