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(영문) 광주지방법원 2017.12.21 2017노3853
사기등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (three years of imprisonment) is too unreasonable.

2. The crime of this case is extremely poor in light of the method, content, frequency, the number of victims, the scale of damage, etc., and the fact that some victims are a repeated crime committed during the period of the crime of this case under the Act on the Regulation of Fraud and Similar Receiving Acts, etc., which is disadvantageous circumstances, such as the crime committed by the defendant, or the fact that the defendant was aware of all the crimes, and that the victim AB agreed with the victim and P expressed their intent not to want punishment against the defendant, and other favorable circumstances such as the defendant's age, sexual behavior, environment, family relationship, circumstances, and circumstances after the crime, etc., the court below's punishment is somewhat heavy, in full view of various sentencing conditions as shown in the records and arguments of this case.

The decision is judged.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted 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 of the Criminal Act regarding criminal facts and the choice of punishment (hereinafter referred to as “the fraud” as prescribed by Article 347(1) of the same Act; Article 347(1) and Article 30 of the same Act (amended by Act No. 4628 of 2016 and Article 2323 of the same Act); Article 247(1) of the same Act (amended by each victim as to the fraud as prescribed by Article 4628 of the same Act); Article 347(1) of the same Act (amended by Act No. 5292 of 2016, Dec. 2017; Article 2380 of the same Act as to the Regulation of Similar Receiving Acts; Article 30 of the Criminal Act (amended by Act No. 14628 of Dec. 16, 201); Article 6(1)375 of the same Act as to the Regulation of Similar Receiving Acts

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