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(영문) 수원지방법원 2016.04.15 2016노1277
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. There is also an unfavorable circumstance, such as committing the instant crime during the judgment repeated crime period.

However, considering all of the sentencing conditions, including the Defendant’s age, sex, criminal records, criminal records, and the degree of damage, the lower court’s punishment is too unreasonable, so long as it is too unreasonable.

3. If so, the defendant's appeal is reasonable, and 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 again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the description of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to the crimes Nos. 7 through 14 of the List of Crimes)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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