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(영문) 서울중앙지방법원 2017.08.11 2017노2203
사기
Text

We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The first deliberation punishment (one year of imprisonment) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The Defendant recognized all of the instant crimes and repented.

In the past, the defendant did not want to punish all victims of the crime of this case under excessive agreement on victim D.

In full view of these circumstances, the first instance court’s punishment seems to be somewhat unfair due to the following circumstances: (a) the Defendant’s age, sex, intelligence and environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.

3. If so, as the defendant's appeal is reasonable, the judgment of the first instance court is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the pleading is followed, and the following is again decided.

【Grounds for the judgment to be used again] The summary of the criminal facts and evidence of the defendant recognized by this court is added to the criminal facts in the second sentence in the second sentence in the second sentence in the second sentence, “The defendant was sentenced to one year by imprisonment with prison labor at the Seoul Central District Court on October 27, 2010 and the judgment became final and conclusive on July 22, 2011, and completed the execution of the sentence on February 22, 2012.” In the third sentence in the fifth page 5 of the judgment of the first instance, “written interrogation of the defendant to the prosecution” and “written reply to inquiry, such as criminal history,” and “the previous written judgment” are the same as the written column in the first instance judgment in the fifth page 7, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to each of the crimes against victim G)

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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