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(영문) 대전지방법원 2015.09.22 2015노2211

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 sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The judgment of this case is a case where the defendant deceivings a female living together, thereby deceiving the victim of KRW 21 million from the victim, and thus, the crime is not less severe. However, while the defendant is not subject to the previous and previous punishment, and the defendant is led to the confession of the crime, and the mistake is divided, in the trial, the victim is not subject to punishment for the defendant. In the trial, the defendant does not have a sufficient health condition, the defendant's wife is the defendant's wife's wife, etc.

In addition, considering the Defendant’s age, living environment, motive, details and consequence of the crime, and all of the sentencing conditions shown in the instant pleadings, such as the circumstances after the crime, the sentence of the lower court is too unreasonable.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited 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 criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;