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(영문) 대전지방법원 2016.11.24 2016노2569

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The judgment of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. In light of the facts that the amount of damage to the crime of this case was not much significant, but the defendant's confessions of the crime of this case, the defendant agreed that the victim D and the defendant were forced to reach the trial of this case, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, circumstances, means and result of the crime of this case, circumstances after the crime, family relations, etc., the sentence imposed by the court below is deemed to be unfair, and therefore, the defendant's assertion of unfair sentencing is justified.

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

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime in the original judgment, and the summary of evidence is identical to each corresponding column of the original judgment. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act (with respect to Article 2-b of the Judgment of the original court, referring to the choice of imprisonment with prison labor), each of the following crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);