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(영문) 부산지방법원 2018.01.18 2017노3407
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (eight months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The crime of this case, based on the judgment, is deemed to have committed the crime of this case by deceiving the victims and deceiving the victims a total of 75 million won from the victims. In light of the content of the crime and the amount of defraudation, the criminal liability is heavy, the criminal defendant does not make any effort to recover the damage of the victim F, the criminal defendant has the record of punishment for the same crime, and the criminal defendant appears to have used the money of this case as gambling fund, and there is a disadvantage to the criminal defendant.

However, in light of the fact that the defendant led to the confession of the crime in this case and reflects the defendant's depth, that the damaged person wants to take the defendant's wife in the court of first instance by agreement with the victim H, that the defendant's health status is not good due to his own disease, that the defendant's mother is in an economically difficult situation, that the defendant's social ties relation seems to be relatively clear, such as the defendant's child's birth toward the defendant's wife, and that the defendant's mother seems to have a relatively obvious social ties relationship, such as his age, sexual behavior, and environment, and all other circumstances that form the condition for sentencing specified in the arguments in this case, such as the defendant's age, sexual behavior, environment, etc., are too uneased and unfair, as argued by the prosecutor, the court below's punishment

3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading. However, since the prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal, the prosecutor's

Criminal facts

Criminal facts and evidence recognized by the court as the substance of such facts and evidence.

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