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(영문) 부산지방법원 2016.03.11 2016노46
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. On the summary of the grounds for appeal, the defendant asserts that the punishment imposed by the court below (ten months of imprisonment) is too unreasonable because the punishment is too unreasonable, and the prosecutor asserts that the punishment is too unfeasible and unfair.

2. It is also necessary to strictly punish the defendant because the defendant did not receive an application from the victim E, and did not properly recover from the damage.

However, considering the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant’s confession and reply to the instant crime; (c) the agreement was reached in the trial with the victim M; (d) partial repayment of the damaged amount; and (e) there were no criminal records other than fines; and (e) the motive and circumstances of the instant crime; (b) the circumstances after the instant crime; and (c) the circumstances after the instant crime; and (d) the environment, etc., the sentence imposed by the lower court is somewhat 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 based on its reasoning, and it is again decided as follows after pleading (the prosecutor's appeal is without merit, but the prosecutor's appeal shall not be dismissed in separate order, so long as the judgment of the court below is reversed by accepting the defendant's appeal and the judgment of the court below is reversed). The summary of facts constituting an offense and the evidence acknowledged by the court is the same as the corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 347(1), 231, and 234 of the Criminal Act, and the choice of imprisonment for the crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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