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(영문) 광주지방법원 2013.10.23 2013노1835

사기

Text

The judgment below

Among them, the dismissal part of D's application for compensation and acceptance part of E's application for compensation.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant is recognized as not having good quality in that it is recognized that the crime was not committed in that the defendant, by deceiving the victim Eul and deceiving the victim E, by deceiving the victim E, and by deceiving the victim, but did not agree with the victims up to the present time. However, in light of all the sentencing conditions such as the defendant's age, character and conduct, and circumstances before and after the crime was committed during the investigation stage, he/she led to the confession of all the criminal facts and reflects his/her mistake through the prison life for about five months. The defendant transferred ownership of four forest lots to the victim D at the investigation stage, thereby partly recovering the damage. The defendant did not have the same criminal record, the defendant suffered from urology, etc., and the health of the defendant is not good, and the defendant's punishment imposed by the court below is somewhat unreasonable. Thus, the defendant's assertion 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.

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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

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