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(영문) 대구지방법원 2018.01.18 2017노4726
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Although the Defendant had already been punished for larceny, fraud, and violation of the Road Traffic Act (unlicensed driving), the Defendant committed each of the instant crimes again. In particular, the crime of false accusation is likely to actively infringe the State’s criminal justice function, and it is necessary to strictly punish the victim as a serious crime that causes the risk of unfair criminal punishment. In addition, the Defendant’s active means to manipulate evidence to the extent of criticism, and the Defendant failed to take full account of the fact that the Defendant failed to take full effort to recover damage caused by fraud and damage to property, and thus, failed to take full account of the fact that it is necessary to punish the Defendant corresponding thereto.

However, in light of the following facts: (a) the defendant committed a crime late late in the course of committing the crime; (b) the stolen vehicle was returned; (c) the criminal punishment against the person who was stolen was not realized by the confession of the crime during the investigation of the case in question; (d) each of the crimes in this case is in the concurrent relationship between the crime in which the judgment of the court below became final and the crime in this case was committed after Article 37 of the Criminal Act; and (e) the equality with the case to which the judgment was rendered at the same time; (e) the victim was not punished after the judgment of the court of first instance was rendered; (e) the victim was not subject to the punishment of the defendant; (e) Maul and Cho-sung who suffered by the defendant was not subject to the punishment of the defendant; and (e) the degree of the punishment of the defendant was likely to have an impact on each of the crimes in this case; and (e) other various circumstances, including the defendant's age, sexual behavior, environment, and family relationship, the

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following is again reversed after pleading.

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