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(영문) 대전지방법원 2014.04.24 2014노445
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment is based on the facts that the nature of the crime is not good in light of the defendant's law and content, the frequency and total amount of damage of the crime in this case, the defendant committed again despite the fact that he had been punished for the same kind of crime, etc., but it is recognized that the defendant committed again the crime in this case even though he had the record of punishment, etc., the defendant repents and reflects his mistake, and the defendant has reached an agreement with the victim K, N, A, and deposited 60,000 won to the victim AF at the court of first instance, and additionally agreed with the victim P and the victim P, and deposited 1,00,000 won each, taking into account various sentencing conditions such as the victim's age, character and behavior, home environment, method and consequence of the crime in this case, the defendant's above assertion is recognized to be inappropriate because the court below's punishment is somewhat inappropriate.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for correcting “a copy of each application for admission of 1.1.” in the summary column of the evidence as “a copy of each application for admission”, and therefore, it is identical to each corresponding column of the judgment of the court below. Therefore, it is acceptable in accordance with Article 3

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 347-2 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and Article 37 subparag. 10 of the Resident Registration Act (the point of using a computer, etc.) concerning the facts constituting an offense;

1. From February 20, 2013, Articles 40 and 50 of the Criminal Act, the crime of uttering of a falsified investigation document due to the exercise of an application for joining a mobile phone in the name of P, and the crime of uttering of a falsified investigation document on March 24, 2013.

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