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(영문) 부산지방법원 2014.08.13 2014노1754
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six 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 (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. Each of the instant offenses requires strict punishment for the Defendant in light of the following: (a) the Defendant committed an act as if the Defendant had no intent or ability to pay alcoholic beverages, thereby causing injury to the victim demanding the payment of alcoholic beverages; and (b) the Defendant committed an act as if he were to pay alcoholic beverages.

However, in light of the following circumstances: (a) the Defendant led to the confession of each of the crimes in this case and reflects his mistake; (b) the agreement with the victim of the crime of injury; (c) the Defendant did not have any particular kind of force, other than being punished twice as a fine for another type of crime; and (d) the Defendant’s character, environment, age, motive and background of the crime; (b) means and consequence of the crime; and (c) other conditions of sentencing as indicated in the record, such as the circumstances after the crime

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances in the preceding);

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