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(영문) 인천지방법원 2017.12.08 2017노3787
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. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. It is recognized that the crime of this case, which was organized systematically, is not good, and that the responsibility of the defendant is not less severe in light of the role or the scope of participation in the crime. On the other hand, the defendant agreed with the victims or deposited a certain amount of money out of the amount of damage, and the defendant did not have a previous criminal record on the part of the defendant, and other circumstances, which are conditions for sentencing as indicated in the record, such as the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, circumstance after the crime, balance of punishment with the accomplice, etc., are considered to be unfair since the court below's punishment is too too too unreasonable. Thus, the above argument by the defendant is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 (joint fraud point) of the Criminal Act concerning the facts constituting an offense, Articles 79 subparag. 13 and 53(1) of the Automobile Management Act, Article 30 of the Criminal Act, and choice of imprisonment, respectively;

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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