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(영문) 부산지방법원 2013.11.22 2013노2980
사기등
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is unreasonable because the punishment (hereinafter referred to as a fine of KRW 1,500,000) is too unreasonable.

2. In full view of the following facts: (a) the Defendant was the first offender, (b) the Defendant was aware of his mistake and would not repeat again; (c) the Defendant agreed with the victim D when he was in the first instance; (d) the Defendant was frighten and was in charge of the frighten and living together with his her her 19-year young age group; (c) the Defendant was in charge of the frighten and living together with his her her frighter; (d) the Defendant’s economic situation was not good; (e) the Defendant appears to have committed each of the instant offenses by contingency while drinking alcohol; and (e) other matters concerning the sentencing specified in the records and arguments of the instant case, the Defendant’s assertion is reasonable and reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 311 of the Criminal Act, and Article 347 of the Criminal Act, the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Penalty fine of KRW 1,500,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act for suspended sentence (Consideration of grounds for reversal);

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