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(영문) 서울북부지방법원 2013.07.03 2013노320
사기등
Text

The judgment below

No. 1 to 5 of the judgment, No. 6

(b).

Crimes and Section 7-b.

Part of the defendant's case regarding the crime.

Reasons

1. Crimes 1 through 5, and 6-2, of the judgment of the court below on the summary of the grounds for appeal

(b).

Crimes and Section 7-b.

Crime: 2 years of imprisonment, and 6-A of ruling

crime and crime of Category 7 A

Crimes: Imprisonment of 6 months is too unreasonable.

2. Determination

(a) No. 1 to 5 of the holding, No. 6

(b).

Crimes and Section 7-b.

In full view of the following circumstances: (a) the judgment on each of the above crimes is examined; (b) the defendant is making a confession of each of the above crimes; (c) T, P and the victim did not want to be punished against the defendant; and (d) the victims do not want to be punished against the defendant; and (e) other circumstances, such as the defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence; and (e) the circumstances after the crime, etc., the sentence imposed by the court below on each of the above crimes is too unreasonable.

(b) No. 6-A of the holding

crime and crime of Category 7 A

On the other hand, it is reasonable to consider the balance between the crime and the crime of fraud as stated in the first head of the crime in the judgment of the court below and the latter part of Article 37 of the Criminal Act in the relationship between the crime of fraud as stated in the judgment of the court below and the crime of fraud as stated in the latter part of the Criminal Act.

However, in full view of all the circumstances such as the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and consequence of the crime, circumstances after the crime, and criminal records, which have not been sentenced to imprisonment for more than a long time after the defendant was released from prison due to fraud, and the criminal records of the same crime committed again during the period of repeated crime, which are not less than 43 million won, and the amount of fraud is less than 4.3 million won, and the amount of fraud has not been agreed with the victim V, and other circumstances that are conditions for sentencing, such as the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and consequence, etc., the sentence imposed on the

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