(영문) 부산지방법원 2014.05.29 2014노1207 | 리걸엔진

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자간(%)

(영문) 부산지방법원 2014.05.29 2014노1207

사기

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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 summary of the grounds for appeal has been sentenced to 8 months of imprisonment with prison labor for the defendant, and the defendant asserts that the sentence of the court below is too unreasonable, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair.

2. We will examine the grounds for appeal of the Prosecutor and the Defendant in a lump sum.

The fact that the defendant is aged and the amount of fraud by the crime of this case is only 100,00 won, etc., which is favorable to the defendant, but the defendant has been sentenced to imprisonment with prison labor for a total of 8 times including habitual larceny while committing the crime of larceny at the reception stand stander in the past. The crime of this case is committed again during the repeated crime period. Above all, the crime of this case is committed only by the defendant by the crime of fraud because the defendant was committed in his marriage at the same time, and he received the answer money, and is actually committed in a very similar way to the act of larceny. In addition, in full view of the victim H's statement (Investigation record 22,23 pages), and CCTV images taken around the scene, etc., the crime of this case appears to have been committed by the defendant as an organized crime of a marriage stable, but open defense has been increased, and it seems that there is a concern about the defendant's behavior and behavior at the scene of this case, and it seems that there is a concern about the defendant's punishment or danger of recidivism.

3. In conclusion, the court below's decision is reversed in accordance with Article 364 (6) of the Criminal Procedure Act by accepting the prosecutor's appeal and it is again decided as follows.

As long as the court below accepted the prosecutor's assertion of unfair sentencing and reversed the defendant's appeal on the ground of unfair sentencing.

참조조문

-형사소송법 제364조 제6항

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