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(영문) 서울남부지방법원 2016.01.28 2015노619
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal: (b) the Defendant recognized the Defendant’s mistake and reflects his fault; (c) the Defendant’s health and economic conditions are not good; and (d) it is difficult for the Defendant to be punished by a fine of the lower court; and (b) the sentence imposed by the Defendant is too unreasonable

2. According to the evidence duly adopted and examined by the court below and the court below on April 17, 2015, prior to the judgment on the grounds for appeal by the defendant, the defendant was sentenced to four months of imprisonment for fraud at the Incheon District Court Branch Branch Branch on April 17, 2015, and the above judgment became final and conclusive on April 25, 2015. As such, the crime for which the judgment became final and the crime of this case are concurrent crimes by the latter part of Article 37 of the Criminal Act, and the crime of this case are determined after examining whether to reduce or exempt punishment in consideration of equity and cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Thus, the judgment below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The criminal facts of the defendant and the summary of the evidence recognized by this court are the first head of the original judgment’s criminal history, “the defendant was sentenced to four months in imprisonment with prison labor on April 17, 2015 in Incheon District Court Branch Branch of the Incheon District Court, which became final and conclusive on the 25th of the same month.

“Before the last sentence of the judgment in the summary of the evidence” 1. Pursuant to Article 369 of the Criminal Procedure Act, except for the addition of the Defendant’s oral statement, criminal history inquiry, judgment (Seoul District Court Decision 2014 Jincheon-gu 2210), and the inquiry of the case, “B” as stated in the corresponding column of the judgment of the court below, this shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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