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(영문) 제주지방법원 2017.02.02 2016노734
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

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

2. In light of the circumstances and methods of each of the crimes in this case, the crime is not good, and the defendant committed each of the crimes in this case, and the defendant did not recover from damage for a long time after escape to Japan, etc. However, the defendant shows an attitude to recognize and reflect each of the crimes in this case. Meanwhile, the victim does not want punishment by mutual consent with the victim K andO before the crime in this case, and the defendant has no record of criminal punishment prior to the crime in this case. In full view of all the sentencing factors of this case including the defendant's age, sexual behavior, environment, motive and circumstance of each of the crimes in this case, means and method, and circumstances after the crime in this case, etc., the defendant's punishment imposed by the court below is somewhat inappropriate. Thus, the defendant's argument that the defendant's punishment is unfair 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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 232 of the Criminal Act in relation to the facts constituting an offense (a point of preparation of private document for qualification), Article 231 of the Criminal Act (a point of the same Article), Articles 234 and 232 of the Criminal Act (a point of uttering of private document prepared for qualification), Articles 234 and 231 of the Criminal Act (a point of uttering of private document prepared for qualification), Article 347 (1) of the Criminal Act (a point of uttering of the above investigation document), Article 347 of the Criminal Act (a point of fraud)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence 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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