(영문) 의정부지방법원 2018.10.05 2018노1876

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2018.10.05 2018노1876

사기등

Text

The judgment below

The remainder, excluding the part of dismissal of prosecution and dismissal of application for compensation order, shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

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

2. We examine both the judgment prosecutor and the defendant's respective arguments on sentencing.

In the crime of this case, the fraud of the victim F during the crime of this case is not likely to be a crime committed during the period of repeated crime after the defendant was sentenced to imprisonment with prison labor for one year and six months for the crime of fraud and completed the execution thereof.

The defendant has a lot of criminal convictions including criminal convictions.

This is disadvantageous to the defendant.

However, the Defendant recognized and reflected the instant crime.

In the past, the Defendant agreed with all victims by mutual agreement with the victim FF.

Victim F is the prompt release of the defendant for the recovery of damage.

This is the circumstances favorable to the defendant.

In full view of these circumstances, Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and all the sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is somewhat unreasonable, and thus, Defendant’s assertion is reasonable, and the Prosecutor’s assertion is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the judgment of the court below is ruled again as follows (in the event that the defendant's appeal is without merit, and the judgment of the court below is reversed by accepting the defendant's appeal, it shall not be dismissed separately from the disposition of the court below)

Application of Statutes

1. Article 347(1) of the Criminal Act (the point of fraud) and Article 355 of the Criminal Act concerning criminal facts.

참조조문

-형법 제347조 제1항

-형법 제355조

유사 판례

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