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(영문) 인천지방법원 2014.08.21 2014노2213
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (seven months of imprisonment) is too unreasonable.

2. In light of the circumstances favorable to the Defendant, such as the fact that the Defendant recognized his mistake through a prison life for approximately three months, the lower court deposited KRW 10 million for the Victim Housing Finance Corporation, and the fact that there is no criminal record against the Defendant, etc., and other circumstances favorable to the Defendant, such as the motive and circumstance of the instant crime, the circumstances before and after the instant crime, the size of the profits acquired by the Defendant from the instant crime, the age, character and conduct, environment, occupation and family relationship of the Defendant, the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column 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. 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 (Taking into account the favorable circumstances in the preceding);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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