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(영문) 서울남부지방법원 2014.02.20 2014노3

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. In full view of the following factors: (a) the Defendant agreed with the victim when the judgment was rendered; (b) there was no history of criminal punishment exceeding a fine; and (c) the Defendant’s mistake was committed while recognizing all of the instant crimes; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the commission of the crime; and (c) other factors of sentencing as indicated in the instant records and arguments, such as the circumstances after the commission of the crime

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows. The summary of the evidence is as follows: (a) except for adding “a confession statement made by the defendant in the court of original trial” to the summary of the evidence of the court below, and thus, it is identical to the corresponding column of the court below’s judgment. Therefore, it is also cited

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (the scope of liability of the accused is not clear);