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(영문) 전주지방법원 2013.10.11 2013노757
간통등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

Reasons

1. The sentence imposed by the court below (two years of imprisonment) is too unreasonable.

2. In the crime of this case, the facts of fraud in the crime of this case are equivalent to the amount obtained by the victim, the defendant did not reach an agreement with the victim D,O, and the defendant's use of a loan certificate with the victim H as a joint and several surety, and the nature and criminal intent of the crime is heavy. The defendant's use of a loan certificate with the victim I who is demanded by the victim H to borrow the above money source as a joint and several surety, and the defendant's failure of the marital life with the victim's husband is caused by the failure of the marriage with the victim's husband through several occasions.

However, in full view of the following circumstances: (a) the Defendant returned to the victim D a considerable amount of money under the name of principal and interest for the first offense without previous conviction; (b) the Defendant agreed with the victim H when he was in the trial; (c) the Defendant recognized the instant crime and seriously reflected his mistake; and (d) other circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

Criminal facts and the summary of evidence acknowledged by the court as stated in this judgment are criminal facts of the judgment below and the summary of evidence

A. Except for the change of “E” in paragraph 1 to “I,” it is identical to each corresponding column of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud and the choice of imprisonment with prison labor), each of the criminal laws regarding criminal facts;

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