beta
(영문) 수원지방법원 2016.01.29 2015노6559

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. However, the crime of this case by deceiving the victim and deceiving the victim from the victim shall not be less than 20 million won.

However, in full view of the following circumstances: (a) the Defendant admitted the instant crime; (b) the Defendant was detained for a certain period of time and has an opportunity to reflect on the Defendant’s detention; (c) the Defendant agreed to the Defendant’s original agreement with the victim; (d) the Defendant has no criminal record for the same kind of crime; and (e) the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the commission of the instant crime; and (e) the Defendant’s sentence imposed by the lower court is somewhat unreasonable and unfair; and (e) the Defendant and his defense counsel’s above argument on the

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);