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(영문) 대구지방법원 2013.04.05 2013노129

사기

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that from the date of this judgment.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Reviewing the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, circumstance after the crime, etc., the sentence imposed by the court below is too unreasonable, since it is acknowledged that the sentence imposed by the defendant is too unreasonable, since the sentence imposed by the defendant is too unreasonable. The above argument by the defendant is justified.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Article 347 (2) and (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment stipulated in the crime of fraud against the victim F with the largest penalty);

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62 (1) of the Criminal Act (the favorable circumstances in the above part) is above;