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(영문) 의정부지방법원 2014.03.27 2014노199

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

gallon 2 (daily number: 065724).

Reasons

1. The punishment of the original judgment against the accused of the gist of the grounds for appeal is too unreasonable.

2. The judgment of the court below is inappropriate in light of the following factors: (a) the Act on the Acceptance of Criminal Crimes in this case is inadequate; (b) the victims’ amount of damage is not a large amount; and (c) the Defendant has no want to punish the Defendant; (b) M is not capable of leading the instant fraud and obtaining criminal proceeds; and (c) the Defendant appears to recognize and reflect his mistake; and (d) other sentencing conditions specified in the argument in this case, such as the Defendant’s age, character and conduct, motive, means and consequence, and the circumstances after the crime, etc., are considered to be somewhat inappropriate.

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

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Article 333 (1) of the Criminal Procedure Act for return;