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(영문) 창원지방법원 2018.04.25 2017노3692
사기
Text

The judgment below

The remainder, other than the part relating to the application for compensation, shall be reversed.

Defendant shall be punished by imprisonment with prison labor for not less than ten months.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (two years in imprisonment with prison labor for the lower court);

2. The lower court rendered a sentence by taking into account the circumstances favorable to the Defendant’s recognition of the instant crime, such as the Defendant’s age, sexual conduct, environment, motive and means of the crime, and circumstances after the crime, under which the Defendant was committed, and the various sentencing conditions indicated in the instant records and arguments were considered.

However, in full view of the fact that the defendant's depth is against the defendant, the damage amount of KRW 60 million to the victim D, the damage amount of KRW 160 million to the victim E, and the family relationship of the defendant, etc., the court below's punishment is somewhat inappropriate since the sentencing conditions of the court below are somewhat changed.

3. In conclusion, the judgment of the court below is reversed pursuant to 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.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the court below's judgment. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 of the Criminal Act concerning the crime (the fraud point and the choice of imprisonment);

1. Aggravation of concurrent crimes as described in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act prior to the grounds for sentencing

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