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(영문) 춘천지방법원 강릉지원 2015.09.17 2015노62

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. The judgment of the criminal defendant is disadvantageous to the criminal defendant by deceiving 50 million won or more in total from the victim through the ice of marriage, and the crime is bad.

However, in full view of the following facts: (a) the Defendant recognized his criminal act; (b) the Defendant paid KRW 20 million to the victim; (c) the victim promised to pay the remaining amount of damage in installments thereafter; (d) the victim does not want to be punished; (e) the Defendant is supported by giving birth to his/her wife around March 2015; and (e) the Defendant’s age, character and conduct, and environment; and (e) other various sentencing conditions indicated in the instant case, the sentence of the lower court, which

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act, the choice of imprisonment for a crime

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

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing prescribed in the above paragraph (2));

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act shall be determined as per Disposition in accordance with the reasons for sentencing prescribed in Article 62-2 (2) above.