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(영문) 대전지방법원 2016.10.27 2016노2140
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and two months.

, however, from the date this judgment becomes final.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) by the lower court against the Defendants is too unreasonable.

2. The fact that the sum of the money obtained by deception of this case exceeds KRW 135 million is a large amount of money unfavorable to the Defendants.

However, in light of the following facts: (a) the Defendants recognized the instant crime in the course of the trial; and (b) the victim wanted the Defendants’ wife by mutual agreement with the victim at the time of the trial; and (c) other various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendants’ age, character and conduct, environment, motive, means, and consequence of the commission of the crime; and (d) the punishment imposed by the lower court against the Defendants is deemed unreasonable, and thus, the Defendants’ assertion of unfair sentencing is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendants is all reasonable.

【Reason for the Judgment of the court below】 Facts constituting a crime and summary of evidence against the defendants recognized by this court

G. The first instance judgment’s “1. Defendants’ partial statement” is the same as each corresponding column of the lower judgment, except that the Defendants’ “1. Defendants’ respective written statements” as “each of the Defendant’s respective written statements in the trial.” As such, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347 (1) and 30 of the Criminal Act and the choice of punishment for the crime (for the defendants), Articles 347 (1) and 30 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of each Criminal Act ( considered in favor of the defendants);

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