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(영문) 서울북부지방법원 2017.04.28 2017노467
사기
Text

The judgment of the court below is reversed.

The sentence against the defendant is in the sequence 1 to 3 of the crime list attached to the judgment of the court below.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. After the judgment of the court below, the defendant agreed with the victim C only smoothly, and the victim expressed his/her intention not to be punished.

Comparing this change of circumstances with the sentencing conditions as shown in the record and the changed theory of this case, the lower court’s sentence against the Defendant needs to be partly adjusted.

We accept the defendant's unfair argument in sentencing.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column 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. Article 347(1) of the Criminal Act in relation to the pertinent criminal facts and Article 347(1) of the choice of punishment (including the cases of frauds by Nos. 1 through 3 of the List of Crimes attached to the judgment below) of the Criminal Act, and the choice of imprisonment for

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to the crime of fraud 4 re-joints No. 5 of the list of crimes attached to the judgment below)

1. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes: Provided, That Article 39(1) of the Act on the Punishment of Concurrent Crimes (limited to the crimes No. 1 through No. 3 of the List of Crimes attached to the judgment below, and between fraud and fraud for which the judgment becomes final and conclusive) is based on the reasoning for sentencing attached to the judgment of the court below, since the crime No. 1 through No. 3 of the crime list attached to the judgment of the court below has the relationship between

The defendant has been punished as a crime of fraud, and some of the crimes of this case have been committed during the period of repeated crime.

However, after the judgment of the court below, the injured party expressed his/her intention that he/she does not want to be punished by the defendant by agreement with C.

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