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(영문) 수원지방법원 2017.09.27 2017노5589
사기
Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for three months for each of the crimes set forth in the decision of the court below.

Reasons

1. The summary of the grounds for appeal (the imprisonment with prison labor for each of the crimes of 1 to 3 as stated in the judgment of the court below 4 months and the imprisonment with prison labor for each of the crimes of 4 to 7 as stated in the judgment of the court below) is too unreasonable.

2. The Defendant has already been punished several times, including punishment for the same kind of crime.

Part of the crimes were committed during the investigation or trial.

It is necessary to strictly punish the accused when considering the period of the accused's crime, the number and frequency of the crimes, etc.

However, in light of the fact that the defendant is in profoundly against the crime of this case, the defendant deposited money equivalent to the amount of damage through additional deposit against 13 victims, support for young children, each crime of fraud in the judgment of the court below that became final and conclusive and the concurrent crime of Article 37 of the Criminal Act should take into account the case in which judgment is to be concurrently rendered under Article 39(1) of the Criminal Act in relation to the concurrent crimes between the defendant and the group after Article 37 of the Criminal Act. In addition, considering all other circumstances that are the conditions for sentencing, such as the defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, each punishment of the court below is too unreasonable. Thus, the above argument by the defendant is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act concerning concurrent crimes: Provided, That Article 39 (1) (the two-round crimes such as fraud which became final and conclusive in the judgment of the court below and each of the crimes listed in the judgment of the court below)

1. Aggravation concurrent crimes;

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