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(영문) 의정부지방법원 2014.08.11 2014노828
사기등
Text

The judgment of the court below is reversed.

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

Reasons

1. The sentence imposed by the court below (one year and two months of imprisonment) is too unreasonable.

2. The judgment of the court below is unfair in full view of all the circumstances such as the defendant's age, character and conduct, environment, occupation, circumstance and contents leading to the crime of this case, circumstance after the crime, etc., where the defendant deceivings the victim by forging and exercising several documents, and the damage amount caused by the crime of this case is considerably high. However, the defendant confessions the crime of this case, the defendant has no record of criminal disposition due to the same crime, the defendant has reached an agreement with the victim, and the defendant has reached an agreement with the victim.

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, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant statutory provisions of Article 347(1) of the Criminal Act (including fraud, inclusive), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor for each crime

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

(a) Type 1 (Determination of Punishment) (Forgery, Alteration, etc. of Private Documents) (Determination of the area of recommendation), basic area [Scope of recommendation] 6 months to 2 years; and

(b) Type 1 (less than KRW 100,00) (Special Convicts) of the General Fraud (less than KRW 100,00) - Reduction factors (not subject to punishment).

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