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(영문) 부산지방법원 2018.09.14 2018노2287
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) explicitly withdrawn the remaining arguments, excluding the unfair argument in sentencing, on the first trial date.

The sentence of the lower court (one year of imprisonment) is too heavy or is too heavy to be inspected.

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

The damage amount is considerable, and the fact that the defendant left Korea immediately after the crime of this case and escaped abroad for at least 15 years from the time of compulsory departure is disadvantageous.

However, it is judged that the court below's punishment is unfair in light of the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, equity with the punishment in the same and similar case, and so forth, it is judged that the court below's punishment is unfair in light of the favorable circumstances such as the fact that the defendant recognized the crime in the first instance, the victim I, M, and Q was compensated for damage to the victim V and the victim did not want the punishment against the defendant in addition, the victim did not want the punishment against the defendant.

The defendant's unfair argument in sentencing is accepted, and the prosecutor's improper argument in sentencing is not accepted.

3. As the Defendant’s appeal is reasonable, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again after pleading (inasmuch as the Defendant’s appeal is rejected but the lower judgment is reversed by accepting the Defendant’s appeal, the Prosecutor’s appeal shall not be dismissed in the disposition). 【The judgment used again for the crime that the lower court acknowledged and summary of the facts constituting the offense and evidence and summary of the evidence are the same as indicated in the corresponding column of the lower judgment, and thus, it is cited as it is in accordance with Article 369

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act concerning criminal facts (the choice of imprisonment).

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