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(영문) 부산지방법원 2013.10.01 2013노2319
사기
Text

The judgment below

The part on each crime of No. 1 or No. 4 in the judgment of the court shall be reversed.

The defendant shall be held.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of the lower court (two months of imprisonment with prison labor for each crime set forth in the table of crime set forth in the judgment of the lower court) is too unreasonable.

2. Determination

A. Since the nature of the crime is very poor in that part of the crime committed in the number 1 through 4 of the list of crimes in the holding of the court below is being tried for the commission of employment by the defendant under the same several methods as the defendant was tried for the commission of employment, the punishment should be strictly imposed. However, the fact that the defendant agreed with the victim at the time of the trial and supports four children at the time of the trial and that the health status is not good, each of the crimes in this part may have been sentenced to one punishment if he was judged together in relation to the crime of fraud in the first head of the judgment on February 22, 2012, which became final and conclusive on February 22, 2012, and there was no record of punishment for the same kind of crime or imprisonment without prison labor or heavier punishment before the year 2012, considering the fact that there is no record of punishment for each of the crimes in this part in favor of the defendant, the judgment of the court below that sentenced each of the

B. Although there are extenuating circumstances prior to the part on the crime No. 5 in the judgment of the court below regarding the crime No. 5 in the table of crime in the judgment of the court below, the crime No. 5 in the judgment of the court below is inevitable since the crime was committed after the suspended sentence became final and conclusive, and the sentence of imprisonment is reversed and the suspended sentence is rendered, considering the overall consideration of the above favorable circumstances in the judgment of the court below, it is appropriate to make the sentence of imprisonment for the crime No. 1 or No. 4 in the judgment of the court below as stated in the judgment of the court below for 2 months as to the crime No. 5 in the table of crime in the judgment

3. Accordingly, the defendant's appeal as to each part of the crime Nos. 1 through 4 in the judgment of the court below is justified.

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