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(영문) 수원지방법원 2017.06.26 2017노2303
상습사기등
Text

The judgment of the court below is reversed.

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

Reasons

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

2. The Defendant needs to strictly punish the Defendant in light of the following: (a) even though the Defendant was subject to criminal punishment on several occasions for the same crime; (b) even if having been subject to criminal punishment on several occasions; (c) again, within the short time after being released from the facility; and (d) there is a high possibility of criticism by committing fraud; (b) the Defendant has committed one’s pro-friendly criminal act to conceal his/her own crime; and (c) the record of the confirmation of the arrest of flagrant offenders and the suspect interrogation protocol have a poor character

However, considering the following factors: (a) the Defendant fully recognized each of the instant crimes; (b) the damage caused by the instant fraud is relatively minor; and (c) the Defendant’s age, sex, environment, the circumstances leading up to each of the instant crimes, and the circumstances before and after the instant crimes; and (d) all of the sentencing conditions indicated in the records and changes theory, the lower court’s sentence imposed on the Defendant is deemed unfair, and thus, the above assertion by the Defendant is reasonable.

3. In conclusion, 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 with merit, and it is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions on criminal facts, Articles 351, 347(1) of the Criminal Act’s choice of punishment (Habitual fraud, choice of imprisonment with labor), Article 231 of the Criminal Act (the above Article), Articles 234 and 231 of the Criminal Act (the fact of exercising the above investigation document, choice of imprisonment with labor), Article 239(1) of the Criminal Act (the above Article), Article 239(2) and 347(1) of the Criminal Act (the point of exercising the above investigation document).

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