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(영문) 부산지방법원 2017.08.24 2017노495
사기미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the lower court (five million won in penalty) on the summary of the grounds for appeal is deemed to be too unhutiled and unfair.

2. It is recognized that the judgment defendant recognized the crime of this case and agreed with the victims of the remaining crimes except for attempted fraud.

However, the defendant committed each of the crimes of this case, which steals clothes, handbags, precious metals, etc. over a short period, and tried to settle the account by presenting the stolen physical card as one's own. The nature of the crime is not good.

In full view of these factors, considering the records of this case, including the Defendant’s age, sex, environment, and health conditions (e.g., depression), the sentence imposed by the lower court is unreasonable as it is unreasonable.

3. As a result, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are identical to the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business, and the choice of imprisonment for each type of crime;

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;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of recommended punishment according to the sentencing guidelines [the types of punishment] the scope of punishment [the scope of recommended punishment] of types 2 (general larceny) (person with special mitigation] of general property, the area of mitigation of punishment (the scope of recommended punishment between April and October);

2. The decision of the sentence shall be made in the same manner as the order, taking into account these circumstances in the reasons for reversal of the sentence.

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