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(영문) 서울동부지방법원 2017.02.02 2016노1819
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

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

2. In light of all the circumstances, including the Defendant’s age, sex, environment, background and result of the instant crime, and circumstances that are the conditions for sentencing as shown in the records and arguments, the lower court’s sentence is unreasonable, in full view of the following factors: (a) the Defendant committed the instant crime again during the period of repeated crime; (b) the total amount of damage to the instant crime reaches KRW 140 million; (c) the Defendant made an agreement with the victims by paying the full amount of damage to the victim Incorporated Foundation and part of the damage amount to the victim Incorporated Incorporated; (d) the Defendant continued to make efforts to recover damage to the victim Incorporated at the investigation stage; and (e) the Defendant’s efforts to recover damage to the victim Incorporated to the remainder of the damage amount; and (e) the Defendant’s age, sex behavior, environment, and consequence of the instant crime; and (e) the circumstances after the crime.

3. According to the 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 well-grounded, and the following is ruled again after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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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