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(영문) 부산지방법원 2018.03.23 2018노75
사기등
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

In full view of the fact that the Defendant was under three times or more criminal punishment due to the act of selling similar petroleum, etc., and in particular, the Defendant is not aware of the fact that he was under trial due to the act of selling similar petroleum, etc., and that there is a high possibility of criticism by putting the same kind of crime back, etc., the Defendant’s punishment

However, it is reasonable that the defendant's mistake and reflects against the defendant, and that the victims do not want punishment by mutual consent with the victims of the crime of fraud, and that the period of crime of violation of the Petroleum and Petroleum Substitute Fuel Business Act is relatively short. The criminal facts of this case in the crime of this case, which was finalized on April 20, 201 by the judgment of the court below, are in the concurrent relation between the criminal facts stated in the criminal records as stated in the judgment of the court below and the crime of violation of the latter part of Article 37 of the Criminal Act, and

In light of these circumstances, the lower court’s punishment seems to be unreasonable when considering various circumstances, such as the Defendant’s age, sexual conduct, motive, method, and circumstances after the commission of the crime.

The defendant's improper argument of sentencing is accepted, and the prosecutor's improper argument of sentencing is not accepted.

3. As the appeal of the defendant is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act and the judgment shall be rendered again as follows (Although the prosecutor's appeal is rejected, the prosecutor's appeal shall not be dismissed separately from the order so long as the judgment of the court below is accepted and the judgment of the defendant is reversed). [The reasons for the new judgment] The summary of facts and evidence recognized by the court in this case is 10 of the judgment of the court below.

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