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(영문) 대전지방법원 2016.05.12 2015노3828
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal (two years and six months of imprisonment) is too unreasonable.

2. Determination is a large number of victims of the instant crime, and the total amount of the damage exceeds KRW 460,000,000, which is disadvantageous to the Defendant.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, background, means and consequence of the instant crime, circumstance after the instant crime, family relationship, etc., the sentence imposed by the lower court is deemed unfair and unreasonable, as it is deemed that the Defendant’s punishment imposed by the lower court is unreasonable. In particular, the Defendant’s wrongful assertion of sentencing is justified.

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, and the judgment below is ruled again as follows.

【Grounds for another judgment】 The facts constituting the offense against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below. 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 and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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;

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