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(영문) 의정부지방법원 2015.05.20 2015노727
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable for the lower court’s imprisonment (eight months of imprisonment).

2. Although the Defendant had had been punished for the same kind of crime several times, each of the instant crimes has been committed again, and in particular, even after having been investigated by the police due to some of the crimes, the nature of the crime is not good in light of the circumstances of the crime, such as continuing to repeat the crimes, and destroying the property owned by the victim during the process of de facto taking, and the fact that the victims’ damage has not been recovered is a disadvantage to the Defendant.

However, in full view of all the sentencing conditions, including the following facts: (a) the Defendant recognized all of the instant crimes; (b) the Defendant appears to have been detained for more than six months; (c) the Defendant had no record of being sentenced to a stay of execution or heavier punishment before the instant case; and (d) the Defendant’s mental problem, such as alcohol respect, appears to have caused each of the instant crimes; and (b) the circumstances after the commission of the instant crimes, etc., the lower court’s punishment is too unreasonable.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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 Article 347(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes prescribed in the crime of fraud against victims M with the largest punishment);

1. Reasons for reversal as seen earlier under Article 62(1) of the Criminal Act are the same.

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