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(영문) 울산지방법원 2015.07.03 2015노417
사기등
Text

All judgment of the court below shall be reversed.

The defendant shall be punished by imprisonment with prison labor for a period of four months.

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment of August, 200; fine of 5,00,000) of the original judgment is too unreasonable.

2. Determination

A. The first and second appeals cases were consolidated and tried by the court below.

However, the crime of the judgment of the court of first instance, which was sentenced to eight months of imprisonment for a separate crime, was committed on or before September 30, 201, by which the judgment became final and conclusive, and the crime of the judgment of the court of second instance is subsequently committed, and thus does not constitute concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the crime of each judgment of the court of

Therefore, the defendant's appeal is judged separately.

B. The judgment of the court below of first instance is that the amount obtained by the defendant from the victim E is about 57 million won, and the above victim is a disabled person of Grade 4 with disabilities and prepared a written agreement with the defendant in the trial. However, the economic difficulties caused by the crime of this case are still discussed, and there are many records that the defendant has been punished for the same kind of crime, etc. are disadvantageous to the defendant.

However, taking into account the Defendant’s confession of and reflect on his criminal act, the fact that part of damage is deemed to have been recovered in the course of the agreement with the victim E in the trial, the fact that there is a family member to support, and the equity in the case of the judgment at the same time with the final and conclusive criminal act, taking into account the Defendant’s age, character and behavior, family environment, motive and background of the criminal act, means and consequence of the criminal act, and other various sentencing conditions as indicated in the instant pleadings, such as the circumstances before and after the criminal act

Therefore, this part of the defendant's argument is justified.

C. The crime of injury in this case against the judgment of the court below of the second instance is that the defendant assaults a victim in a de facto marital relationship and inflicted an injury in need of approximately eight weeks of medical treatment.

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