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(영문) 부산지방법원 2018.05.04 2018노258
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

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

Each of the crimes of this case is recognized as having acquired property benefits by deceiving the victims to receive food materials on credit, and the circumstances after the crime are not good.

However, considering the fact that the defendant recognized each of the crimes of this case, the defendant has no same history, the defendant agreed to all of the victims, and the age, sex, environment, motive and circumstance of the crime, the means and consequence of the crime of this case, and the balance with the punishment in all similar cases, such as the records of this case and the changes in the records of this case, the punishment of the court below is too heavy.

The decision is judged.

We accept the defendant's unfair argument in sentencing.

3. As the appeal by 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 following the pleadings (inasmuch as the appeal by the prosecutor is rejected but the decision of the court below is accepted and the decision of the court below is reversed, the prosecutor’s appeal shall not be dismissed in the order). 【The judgment used again is identical to the facts constituting the crime and the summary of evidence recognized by the court, and the summary of the evidence are identical to the facts constituting the offense and the summary of the evidence in the judgment of the court

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment for the crime (to be comprehensively applied to each victim, and to be punished by imprisonment);

1. The sentence shall be determined as per the order, taking into account the various factors of sentencing stated in the part on the grounds of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes, taking into account the aforementioned factors of sentencing.

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