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(영문) 수원지방법원 2013.10.10 2013노3764

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. In full view of the overall circumstances, such as the fact that the defendant agreed in the trial, the recognition of the crime and the depth of the crime, the latter part of Article 37 of the Criminal Act, the defendant's age, character and conduct, family environment, health conditions, circumstances leading to the crime, and circumstances after the crime, the sentencing of the court below seems to be somewhat inappropriate.

3. Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's argument is with merit.

Criminal facts

The criminal facts and the summary of the evidence against the defendant recognized by the court are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;