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(영문) 울산지방법원 2020.06.18 2019노911

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

Provided, That the above punishment shall be imposed for one year from the date of the final judgment.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. After the judgment of the court below was sentenced, the defendant repaid part of the money acquired by deception to the victim, and the victim prepared a written agreement that the defendant is not punished.

Considering the above reasons and the conditions of sentencing that the court below stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below is too unreasonable because it is too unreasonable.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court and summary of evidence are as stated in each corresponding column of the judgment below.

Application of Statutes

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

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;

1. The reasons for reversal of sentencing under Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. and all of the sentencing conditions recorded in the records shall be determined by taking into account the following factors.