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(영문) 수원지방법원 2017.02.17 2017노116 (3)
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. Prosecutor: The lower court’s sentence is too unhued and unreasonable.

2. The judgment of the victim E and L were punished for the Defendant (in the first instance, N submitted a written application of punishment to the effect that N was not punished for the Defendant, but N was not the victim of the instant crime), the fact that there are many criminal records of the same kind, and the fact that N again committed the instant crime during the period of repeated crime according to the same criminal record.

However, it is favorable for the victim I to agree with the victim I in the first instance, and the victim is not subject to the punishment of the defendant, the total amount of damage is less than 1.5 million won, and the scale of the crime is relatively small, and the crime is against the law.

In addition, in consideration of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions shown in the theory of the records and changes, the court below's punishment is too unreasonable. Thus, the defendant's improper assertion of sentencing is justified, and the prosecutor's improper assertion of sentencing is without merit.

3. As the appeal of the defendant is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the decision shall be rendered again after pleading (in the absence of merit, the prosecutor's appeal shall not be dismissed separately from the order, so long as the judgment of the court below is accepted by the defendant's appeal and the judgment of the court below is reversed) / [The grounds used again] Criminal facts and summary of evidence recognized by the court and summary of evidence are the same as that of each corresponding column of the judgment of the court below, and thus, they shall be quoted as they are

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, and Article 70(1)3 of the Act on Financial Business Specializing in Credit (the use of stolen credit cards) concerning criminal facts;

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