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(영문) 춘천지방법원 2014.01.22 2013노372

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant was sentenced to punishment for the same kind of crime, including punishment and suspended execution, and that the Defendant did not commit each of the instant crimes even during the period of repeated crime, and did not reach an agreement with the victims, the need for strict punishment is recognized.

However, in addition, considering various conditions of sentencing as shown in pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstance after the crime, etc., the sentence of the lower court is deemed to be excessive and unreasonable, and thus, the Defendant’s above assertion is deemed to be too unreasonable, since it is recognized that the sentence of the lower court is too unreasonable.

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

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347-2 of the Criminal Act, Article 37 subparag. 10 of the Resident Registration Act, and Articles 342 and 329 of the Criminal Act regarding the crime.