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(영문) 서울북부지방법원 2016.08.19 2016노1229
사기등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

except that from the date of this judgment.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. However, there are changes in circumstances that the defendant agreed with the victims in the appellate trial.

The defendant has no record of the same crime.

In addition, the lower court’s punishment against the Defendant is unreasonable in light of the following factors: (a) comparing the sentencing conditions as indicated in the instant case’s records and changes; and (b) comparing the sentencing grounds for the

Therefore, the defendant's argument of sentencing is reasonable.

3. If so, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234, 231 of the Criminal Act, Articles 234, 231 of the Criminal Act, and the choice of imprisonment for the crime;

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;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Criteria for sentencing under Article 32(1)3 and Article 25(3)3 (in consultation with the victim in an appellate trial, the scope of liability for damages is not clear) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Orders;

1. A person who is in the basic area (one or more years to four years) of Class 2 (one hundred million won or more, or less than five hundred million won) (special mitigation or aggravation) in the scope of punishment recommended for the first crime (in fraud), the scope of punishment recommended for the second crime (in short, one hundred million won or more): In cases where the methods of punishment are very poor;

2. The scope of punishment for the second crime (private document) recommended to be sentenced to the punishment, and the persons subject to special sentencing (six months to two years) in the basic area (such as fabrication, alteration, etc. of private document) of the first type (such as fabrication, alteration, etc. of private document): None of them;

3. The scope of final sentence due to the aggravation of multiple offenses: one year to five years.

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