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(영문) 수원지방법원 2013.10.17 2013노3657

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. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of the Defendant, the lower court’s imprisonment (six months of imprisonment) is too unreasonable.

B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s sentence is too uneasible and unreasonable.

2. The judgment of the court below is somewhat unreasonable in light of all the sentencing conditions, including the circumstance leading up to the crime of this case, the defendant's age, character and conduct, environment, and circumstances after the crime, etc., which led to the crime of this case, including the fact that the defendant committed the crime of this case and the victim does not want the punishment of the defendant, and the defendant does not want the punishment of the defendant.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

However, as seen earlier, the prosecutor’s assertion of unfair sentencing is without merit, but the decision of the court below is accepted and reversed, and thus, the decision of the court below is not stated separately in the text). Criminal facts and summary of evidence and the summary of evidence are as stated in the separate column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the

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 on the suspension of execution ( considered as favorable circumstances by examining the reasons for reversal in the front);