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(영문) 인천지방법원 2015.11.05 2015노2308
사기
Text

The judgment of the court below is reversed.

The defendant is punished by imprisonment with prison labor for the first and third crimes in the decision of the court below and the second crimes in the decision of the court below.

Reasons

1. The summary of the grounds for appeal (the first and the third crimes in the original judgment: imprisonment with prison labor for one year and six months, suspension of execution for two years, and second crimes in the original judgment: imprisonment with prison labor for six months, suspension of execution for two years, and community service 270 hours) that the court below sentenced to is too unreasonable.

2. The judgment of the court below is somewhat heavy in full view of the following circumstances: (a) the defendant led to confession and reflects the defendant; (b) agreed with the victim I; and (c) transfer of claims to the victim G; and (d) the court paid an additional amount of KRW 57.8 million to the victim I in the trial; and (b) the defendant’s age, character and conduct; (c) the motive, means and consequence of the instant crime; and (d) the circumstances after the commission of the crime.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[However, pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio the "7353" in Part 3 of the first instance judgment shall be corrected to "7573 (combined)"]. The summary of criminal facts and evidence is the same as the corresponding column of the original judgment, and thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. The latter part of Articles 37 and 39(1) of the Criminal Act concerning concurrent crimes (each of the crimes indicated in the original judgment and the crimes of Articles 1 and 3 as indicated in the original judgment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (trades with crimes of subparagraphs 1 and 3 of the original judgment);

1. Article 62 (1) of the Criminal Act;

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