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(영문) 의정부지방법원 2015.10.27 2015노2131
사기
Text

The judgment of the court below is reversed.

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

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The judgment of the Defendant repeatedly committed the crime of in without prison labor for a considerable period of time, and the Defendant again committed the same crime during the period of repeated crime that was not committed after having been sentenced to 10 months of imprisonment by this court for the same crime on September 19, 2014, and even after having been released from prison on September 19, 2014, there are unfavorable circumstances, such as the fact that the Defendant had been punished for the same crime, but again again committed each of the instant crimes

However, in light of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the court below is somewhat inappropriate, considering the following factors: (a) the defendant agreed with the victim M (amount of damage 415,000 won), the victim P (amount of damage 10,000 won); (b) the fact that the defendant committed each of the crimes of this case in the state of mental disorder by the support of alcoholic respect; (c) the defendant reflects his wrongness and again is likely to commit such crimes; and (d) the defendant's age, character and conduct, environment, motive, means and consequence of the crime.

Therefore, the defendant's above assertion is justified.

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.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act for statutory mitigation;

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

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