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(영문) 광주지방법원 2014.07.24 2014노1168

사기

Text

The judgment below

The part concerning the accused case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this shall not apply.

Reasons

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

2. In light of the favorable circumstances such as the defendant's age, character and conduct, environment, circumstances of the crime of this case, and the following circumstances, the sentence imposed by the court below is somewhat unreasonable, and thus the defendant's assertion is reasonable, since it is recognized that the sentence imposed by the court below is somewhat inappropriate in consideration of the defendant's favorable conditions such as the defendant's agreement with the victim and recovery of the damage in the trial.

3. In conclusion, the part concerning the accused case among the judgment below under Article 364 (6) of the Criminal Procedure Act is reversed and the defendant's appeal is judged as follows.

Criminal facts

The summary of the facts and evidence acknowledged by this court is as follows: “The part of the statement to the effect that the defendant purchased and disposed of 54,300 nets of the victim C in the first trial record of January 1, 200” and “1. The part of the statement of the prosecutor’s interrogation protocol against the defendant is deleted; and “1........ the addition of the defendant’s statement in the court room of the trial of the court of the court of the court of the court below is the same as the corresponding column of the court of the court below.”

Application of Statutes

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;