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(영문) 부산지방법원 2018.08.17 2018노1298
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for up to seven months.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the defendant not only has the record of fine, suspension of execution, and punishment for the same crime, but also commits the most of the crimes of this case in another case during the period of repeated crime due to the same crime, and that the criminal liability for each of the crimes of this case by stealing another person's name against the victimized company is grave.

However, in consideration of the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant offenses, etc., and all of the sentencing conditions stated in the instant pleadings, such as the circumstances after the commission of the offense, the Defendant’s punishment imposed by the lower court is too unreasonable, because it is too unreasonable.

Therefore, the defendant's argument is justified.

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 ruled again after pleading as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as stated in each corresponding column of the judgment of the court below, except that the phrase “as of June 13, 2016,” “as of June 3, 2016,” in Article 369 of the Criminal Procedure Act, which read “as of June 13, 2016,” the criminal history room of the court below’s judgment as of June 3, 201.

Application of Statutes

1. Article 232-2 of the Criminal Code for the crime at issue (the point of filing an electronic document, etc. of the company), Articles 234 and 232-2 of the Criminal Code for each of the crimes at issue, Article 231 of the Criminal Code, Articles 234 and 231 of the Criminal Code, Articles 234 and 231 of the Criminal Code, Article 347 (1) of the Criminal Code, Article 347-2 of the Criminal Code for each of the crimes at issue (the point of uttering of the above investigation document), Article 347-2 of the Criminal Code

1. Trade name;

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