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(영문) 부산지방법원 2017.04.14 2016노4567
병역법위반등
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.

All applications for compensation order filed by applicants.

Reasons

1. The summary of the grounds for appeal is too heavy (three years of imprisonment).

2. The Defendant had a majority of criminal records for the same kind of crime, and repeatedly committed the instant crime during the period of repeated crime for the same kind of crime.

The amount of defraudation is also close to approximately KRW 100 million.

However, the defendant is led to confession and reflect.

In the first instance, C and D believed the Defendant’s promise of repayment after release from the Defendant and submitted an application for non-criminal punishment against the Defendant among the instant fraud victims.

In addition, comprehensively taking account of all the conditions of sentencing as shown in the records and arguments of this case, the lower court’s punishment is too unreasonable.

3. As such, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's argument is reasonable, and the following decision is rendered after pleading.

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

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Article 88 (1) of the Military Service Act;

B. Article 347(1) of the Criminal Act (a point of fraud), Article 329 of the Criminal Act (a point of fraud), Article 230 of the Criminal Act (a point of uttering of official document), Article 231 of the Criminal Act (a point of alteration of private document), Article 231 of the Criminal Act (a point of alteration of private document), Articles 234 and 231 of the Criminal Act (a point of uttering of private document), Articles 234 and 231 of the Criminal Act (a point of uttering of the above investigation document), each choice of imprisonment.

2. Article 35 of the Criminal Act for aggravated repeated crimes;

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

4. Article 32 (1) 3 and Article 25 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Reject an application for compensation order (where an applicant for compensation has promised to reimburse damage after release from the accused and the extent and method of compensation is not clear by agreement after receiving an agreement on the repayment of damage from the accused);

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