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(영문) 부산지방법원 2013.05.02 2013노924
사기
Text

The judgment of the court below is reversed.

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

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (one year of imprisonment) is too unreasonable.

Judgment

In light of the following circumstances: (a) the Defendant had already been punished several times prior to each of the instant crimes; (b) the Defendant committed the instant crime during the repeated crime period for the same kind of crime; and (c) the Defendant did not reach agreement with the victims up to the trial; or (d) the Defendant made a confession of all of the instant crimes against the Defendant; and (b) the Defendant did not repeat the instant crime in depth during the period of detention for about four months; and (c) taking into account the motive and circumstances leading up to the instant crime; (d) the circumstances following the instant crime; (e) the Defendant’s age, character and conduct, and environment; and (e) other circumstances, which are the conditions for sentencing specified in the instant records and arguments, such as the instant case’s records and arguments, the sentencing of the

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the evidence and the criminal facts of the Defendants recognized by this court and the summary of the evidence are all the same as the entries in each corresponding column of the judgment of the court below, and they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

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

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