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(영문) 수원지방법원 2017.05.26 2017노1107
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The defendant asserts that the reasons for appeal are too unreasonable because of the punishment sentenced by the court below (one year of imprisonment), and the prosecutor asserts that it is too unfasible and unfair.

2. The fact that the amount of fraud of each of the instant fraud crimes is considerably large is disadvantageous to the Defendant.

However, when the defendant was in the first instance, he was aware of his crime, and against the defendant, that the defendant was aged 70 years old and health status is not good, that the defendant did not have any other criminal history, that he agreed with the victim F after the conclusion of the oral argument in the court below, that the victim agreed to the victim C with the victim in addition, and that the victim C wanted to have the prior wife against the defendant clearly, etc. in favor of the defendant.

In full view of the above circumstances and the Defendant’s character, conduct, environment, motive, means, and consequence of the crime, as well as the various circumstances that form the conditions for sentencing, such as the circumstances after the crime, the sentence imposed by the lower court is somewhat inappropriate and deemed unfair.

Therefore, the defendant's above assertion is justified.

3. As such, the appeal by the defendant is reasonable, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows ( insofar as the appeal by the defendant is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor's appeal shall not be dismissed separately). 【The grounds for the new judgment] The summary of facts constituting the crime and evidence recognized by the court of this case is the summary of each evidence of the judgment of the court below (2016 order 687 and 1121 order order 2016 order order 201) and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except for the case where "1. part of the defendant's court statement by the defendant is "1. The defendant's court statement by the court of first instance"

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act (the fraud of the victim C) and the Criminal Act.

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