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(영문) 서울동부지방법원 2013.12.27 2013노1032
사기등
Text

The judgment of the court below is reversed.

A punishment against the defendant shall be punished by imprisonment with prison labor for not less than two months, and shall be decided in the original judgment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the 5th judgment of the court below: imprisonment with prison labor for four months, the 1 to 4, and the 6 to 8th judgment of the court below) is too unreasonable.

2. The judgment of the court below committed each of the crimes of this case even though the defendant had a lot of records of punishment for the same crime, and the amount of damage due to each of the crimes of this case is considerably high. However, in the court below, the defendant did not want the punishment of the above victims by mutual consent with victim V, N, F, and I at the court below, the defendant's mistake is recognized, and considerable part of the crime of this case is the punishment of the defendant's business in an unreasonable manner, and there are circumstances to be taken into account. Each of the crimes of this case is the concurrent crimes of the latter part of Article 37 with each of the crimes listed in the head of the crime of this case of this case in which the judgment of the court below became final and conclusive, and the balance between the above crimes is to be considered at the same time in relation to each of the crimes of this case and the concurrent crimes of the latter part of Article 37, and other various circumstances such as the motive and background leading up to the crime of this case, the defendant's age, character, environment, occupation, and family relation, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column 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 Article of the Criminal Act and Articles 225, 229, 347 (1) and 355 (1) of the Criminal Act for the selection of criminal facts and for the punishment, and the punishment shall be punished by imprisonment;

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