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(영문) 부산지방법원 2018.05.04 2018노157
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too heavy or unreasonable.

2. The judgment of the defendant obtained money from the damaged person on a planned basis over a long-term basis, and the method of committing the crime is also tight and defective, and the amount of damage is not much significant.

However, in light of the favorable circumstances such as the fact that the defendant is recognized as committing a crime and is against the law, that the victim agreed to pay the amount of damage by dividing the amount of damage, that the victim seems to have faithfully repaid the amount of damage under the above agreement, that the victim is going to attend the court of the first instance to the end of the trial, that the victim desires to grow up with the preference, that there is no record of criminal punishment in addition to one fine, and that there is no record of criminal punishment, the court below's punishment is unfair by taking into account the equity with the punishment in the defendant's age, sexual behavior, environment, and the same and similar incidents.

The prosecutor's improper argument of sentencing is without merit, and the defendant's improper argument of sentencing is accepted.

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 as follows (Although the prosecutor's appeal is rejected, the prosecutor's appeal shall not be dismissed separately from the order, so long as the decision of the court below is accepted and the decision of the court below is reversed.) [The reasons for the new judgment] summary of criminal facts and evidence are the same as that of the corresponding column of the judgment of the court below, and thus, it shall be cited as it is in accordance with Article 369

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is as follows.

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