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(영문) 수원지방법원 2014.06.27 2014노2280

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, for six months of imprisonment imposed by the defendant.

2. The Defendant did not have a previous record of judgment on the grounds of appeal, and is in profoundly contradictory to the recognition of all of the instant crimes.

Although the crime has been committed due to economic difficulties, 4.2 million won has been repaid to the victim at the time of prosecution, and the victim has not want to be punished by the defendant by paying additional damage in the trial.

The relationship between the family and the family is also publicly announced, such as submitting a written application in which the family of the defendant appeals the wife of the defendant.

In addition, the sentencing of the lower court is too heavy in view of the following factors, taking into account the Defendant’s age, character and conduct, the environment, the motive, means, and consequence of the instant crime, and the circumstances after the crime.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to 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, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution;