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(영문) 부산지방법원 2019.01.31 2018노3913
사기
Text

The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The sentence imposed by the court below (No. 1 year of imprisonment, and No. 2 month of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, each of the cases of the judgment of the court below that the defendant appealed in the trial of the court below is merged with each of the cases of the court below that held against the defendant, and the facts of the crime of the judgment of the court below as stated in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment shall be sentenced at the same time under Article 38 of the Criminal

3. According to the conclusion of the judgment below, the judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, and the part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance excluding compensation order under Article 364 (2) of the Criminal Procedure Act are all reversed,

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. 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, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. The reason for sentencing under Article 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning the Pronouncement of Provisional Execution (hereinafter “Special Cases Concerning the Pronouncement of Provisional Execution”), even though the victim did not reach a number of times and did not have much amount of damage until now, the defendant did not recover from the damage, and the defendant committed the crime of this case, even if there were two same records

In addition, the records of this case, including the defendant's age, character and conduct, family relationship, motive and background of the crime, and circumstances after the crime.

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