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(영문) 서울북부지방법원 2015.09.10 2015노657
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unfilled.

2. Determination is based on the following circumstances: although the defendant's mistake was recognized in entirety, it seems that the situation of life is extremely difficult; the defendant's current 10 weeks of pregnancy is in a concurrent relationship between the defendant's violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Coercive Conduct, etc.) and the latter part of Article 37 of the Criminal Act, each of the crimes of this case is in a concurrent relationship under the latter part of Article 37 of the Criminal Act with each of the crimes of this case. However, the defendant has the record of having been punished one time of fine due to the same type of crime as of each of the crimes of this case, and the conditions different from each of the crimes of this case are already one time of imprisonment, suspension of execution of sentence and fine, and the amount of damage suffered by the victim C due to each of the crimes of this case reaches a considerable amount of 3 years and six months before and after the defendant's each of the crimes of this case; the defendant's remaining before and after the defendant committed the crimes of this case; the defendant's remaining before and after the victim's age of this case;

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

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.

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