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(영문) 창원지방법원 2014.07.10 2014노44
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of probation, two years of probation, and two hundred hours of community service in October) is too unreasonable.

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

2. Each of the crimes of this case is an unfavorable circumstance to the defendant, such as not only infringing the safety and credit of transaction of private documents, but also deceiving money by using forged documents, and the nature of the crime is not weak, and the defendant has been punished several times for the same crime.

However, in full view of the following circumstances: (a) the Defendant appears to have repaid the agreed interest for a considerable period of time to the victim G; (b) the person who was forged D does not want the punishment of the Defendant; (c) there is a family member to support the Defendant; and (d) the Defendant reflects his wrongness and behavior in favor of the Defendant; and (b) other circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the offense; (c) means and method of the offense; and (d) circumstances after the offense, etc., the lower court’

3. The appeal by the defendant is with merit, and the prosecutor's appeal is without merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading

(2) If an appeal by a defendant is without merit, the appeal by a public prosecutor shall not be dismissed unless the appeal by a public prosecutor is reversed on the grounds that the appeal by the defendant is well-grounded).

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 347(1) of the Criminal Act; Article 231 of the Criminal Act; Article 234 of the Criminal Act; Article 234 of the Criminal Act; Selection of imprisonment with labor;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Article 62(1) of the Criminal Act:

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