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(영문) 창원지방법원 2017.07.06 2017노176
사기등
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The Defendant had the record of having been punished several times for the same kind of crime including three times of punishment, and committed each of the instant crimes during the period of repeated crime of the same crime, and the instant crime committed against many and unspecified persons for a long period of 82 times in total, repeated online goods fraud, and forged and falsified private documents over several times, etc., which are disadvantageous to the Defendant.

However, in full view of the circumstances favorable to the defendant, such as the circumstance and age of the defendant, environment, sexual conduct, motive for the crime, and circumstance before and after the crime, etc., the sentence imposed by the court below is somewhat unreasonable and unfair, and thus, the defendant's above assertion by the defendant is reasonable, since it is recognized that the punishment imposed by the court below is somewhat inappropriate. The defendant's above assertion is justified.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act (the point of the foregoing Article), Article 232-2 of the Criminal Act (the point of private document creation), Articles 234 and 231 of the Criminal Act, Article 232-2 of the Criminal Act (the point of uttering of the above investigation document) for the facts of crime, and Article 232-2 of the Criminal Act for each criminal law (the point of uttering of the above investigation document);

1. Trade name;

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