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(영문) 서울중앙지방법원 2014.05.08 2014노169

사기

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

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

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (one year and ten months of imprisonment) is too unreasonable.

Judgment

In full view of all other circumstances, including the motive of the instant crime, circumstances after the crime, Defendant’s age, character and conduct, and environment, the sentence of the lower court is somewhat unreasonable, in view of the following: (a) the Defendant did not have any criminal record exceeding the fine of the Defendant; (b) the lower court agreed with the Victim G; (c) the Defendant continued to endeavor to pay damages, such as additional agreement with the Victim H, etc.; and (d) other circumstances that are conditions for sentencing specified in the records and pleadings

Thus, the defendant's appeal is reasonable, and the part of the judgment below except the compensation order is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again after the pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is identical to the corresponding column in the judgment of the court below, except that "1. Part of the defendant's court statement" is changed to "1. The defendant's court statement" as "the defendant's court statement at the trial at the trial at the trial at the trial at the trial at the court of the court below."

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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