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(영문) 인천지방법원 2017.11.10 2017노3220
사기등
Text

The judgment of the court below is reversed.

Of the crimes No. 1 of the judgment of the court below, the defendant is described in the No. 1 to 33 of the list of crimes in the attached Form.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is unreasonable because it is too unreasonable to regard the defendant's punishment (ten months of imprisonment and one year and six months of imprisonment).

2. When considering the fact that the accused has been punished several times for the same kind of crime, and some of the crimes are committed during the suspension period of execution, the name of the F and the forgery of various public and private documents, etc., which are not good in light of the criminal law, and the sum of the amount obtained by deception exceeds KRW 93 million, it is inevitable to sentence the accused to a sentence of imprisonment.

However, in full view of the fact that the defendant is led to the confession of the crime, the fact that the victim was paid KRW 15 million to the victim and that the victim agreed smoothly with the victim, and other various circumstances, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the evidence and the summary of the judgment of the court below cited the "Investigation Report (Confirmation of the judgment of probation and attachment of separate judgments)" as the "Investigation Report (Confirmation of the date of confirmation of the judgment of probation and attachment of separate judgments)" as the same as the corresponding column of the judgment of the court below, and therefore, it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act (the point of fraud), Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act, Article 231 of the Criminal Act (the point of uttering of forged official document), Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act for the crime;

1. Articles 40 and 50 of the Criminal Act (only between the crimes of intent to commit a forged official document and the crimes of intent to commit a falsified document) are 1.

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