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(영문) 수원지방법원 2016.05.18 2016노1592
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The Defendant had a record of being subject to punishment for the same kind of crime, in particular, committed the instant crime during the period of repeated crime for the same kind of crime, and did not recover damage to the victim.

However, the defendant recognized each of the crimes in this case and against it, and the total amount of damage caused by each of the crimes in this case is not large to five million won.

In addition, considering the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, various circumstances, including the records of this case and the circumstances after the crime, etc., the sentence of the court below is deemed to be too unreasonable.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, Article 72(1)1, and Article 48(1) of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc., Article 347-2 of the Criminal Act, Article 347-2 of the Criminal Act, the choice of punishment for a crime, and the choice of imprisonment for a specific sentence;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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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