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(영문) 광주지방법원 2014.04.23 2014노600
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Summary of Grounds for Appeal

Defendant

The punishment of the lower court (ten months of imprisonment) is too unreasonable.

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

We examine ex officio prior to the judgment on the grounds for appeal by the defendant and prosecutor.

The court below held that the defendant was not guilty of committing a repeated crime against the victim D, H,N, V, AP, AP, AX, BS, BS, BF, BO, BVI, BVI, BVI, BVI, AJ, and K, even though the defendant was sentenced to imprisonment without prison labor or heavier punishment and was not committed within three years after the execution of the sentence was terminated or exempted, and the judgment of the court below is no longer erroneous.

Therefore, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's and prosecutor's argument of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the alteration of the phrase “a sentence was pronounced” of the end of the criminal records to “the execution was completed on December 13, 2008; and (b) the enforcement was completed on December 13, 208,” and the summary of the facts charged and the evidence is identical to the corresponding column of the judgment below. Therefore, it

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated offenders (each of the offenses committed against the victim N, AL,O, S, AA, AW, AU, BC, AO, Q, BE, AZ, AZ, AY, BD, AY, BD, AS, AB, BG, BW, BG, BG, BG, Q, BN, BN, BH, BP, BP, BP, BY, BY, BM, andJ);

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize the defendant's mistake, and the fact that some victims agree with and partly repaid damages are favorable.

On the other hand, the defendant has several criminal records of the same kind, thereby committing some crimes even during the period of repeated crimes, and the victim is a majority and the amount of defraudation.

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