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(영문) 부산지방법원 2014.02.20 2014노241
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. In light of the fact that the Defendant was sentenced 15 times to imprisonment with prison labor due to a crime of integrative fraud, etc., and on January 9, 2013, the Busan District Court sentenced 1 year imprisonment with prison labor due to a crime of integrative fraud at Busan District Court on October 17, 2013, the quality of the crime cannot be deemed to be less and less considering the fact that the Defendant’s execution of the punishment was completed, and that the risk of recidivism is very high in light of the Defendant’s power, character and conduct, etc., the sentence is inevitable.

However, as a result of the trial of the political party, the defendant 20th second stage performance and scambling the pain of 20th stage performance, and scambling the pain. The court below's decision that sentenced 10 months imprisonment too much is likely to be improved considering that the defendant has reached an agreement with the victim by compensating for both the drinking value with her frient help during the trial of the court below, and taking into account the defendant's age, character, conduct and environment and other conditions of sentencing as a whole, it seems that the court below's decision that sentenced 10 months imprisonment 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 facts and evidence recognized by the court is the same as the corresponding column 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 of the Criminal Act and Article 347 of the Criminal Act concerning the selection of criminal facts;

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