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(영문) 부산지방법원 2019.04.26 2019노442
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The Defendant, by taking advantage of personal trust relationship with the victim, deceivings the victim several times, and the amount obtained by defraudation is also not much.

In addition, as stated in the facts charged, the Defendant forged several copies of private documents and exercised them.

Defendant has been subject to punishment once for the same criminal record.

However, the defendant recognized all of the crimes of this case, and reflects his mistake in depth through confinement life for more than six months.

In the first instance, the defendant agreed with the victim, and the victim does not wish to punish the defendant.

In light of such circumstances, the lower court’s punishment is too unreasonable and unreasonable, considering the motive and circumstance leading up to the Defendant to commit the instant crime, the ordinary circumstances after committing the instant crime, and the reasons for sentencing indicated in the instant arguments and records. As such, the Defendant’s assertion is reasonable, and the Prosecutor’s assertion is without merit.

3. In 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 with merit.

On the other hand, the prosecutor's appeal is without merit, but is identical to the defendant's appeal and subject to appeal, and the judgment of the court below is reversed based on the defendant's appeal.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (Fraud point), Article 231 of the Criminal Act, and Article 231 of the Criminal Act for the selection of punishment for the crime respectively.

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