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(영문) 수원지방법원 2013.08.22 2013노2844
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (eight months) is too unreasonable.

2. The size of the amount of fraud by the crime of this case is one of the most severe punishment, and the defendant is led to confession and reflects against the crime, and in the trial, the defendant does not want the punishment of the defendant, and the defendant does not have the same criminal record, the court below's punishment is somewhat inappropriate in light of all the sentencing conditions, including the circumstances leading to the crime of this case, the defendant's age, character and conduct, environment, and circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

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