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(영문) 서울남부지방법원 2013.10.25 2013노1502
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 two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. In light of the following facts: (a) the Defendant deposited KRW 10 million for the victim when the judgment was at the trial; (b) the Defendant was at the first degree disabled with visual disability; (c) the Defendant was at the age of 70 years old; and (d) the Defendant did not have any record of punishment for the same kind of crime; and (c) the Defendant appears to reflect his mistake; and (d) other various sentencing conditions indicated in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) the circumstances after the crime, etc.,

3. As such, the defendant's appeal is with merit, and 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 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 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (the scope of liability of the accused is not clear);

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