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(영문) 창원지방법원 2013.05.03 2013노455
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. Although, in light of the method of deception, the amount of fraud, etc., the criminal liability of the defendant is not minor, in light of the fact that the defendant was found to have committed a crime in the first instance, and that the victims do not want punishment by mutual consent with the victims after the pronouncement of the judgment of the court below, in full view of equity with criminal punishment for other crimes similar to the crime of this case, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, etc., as well as the circumstances after the crime of this case, the sentence of the court below is too unreasonable.

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

Criminal facts

The summary of the facts charged and the evidence admitted 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. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Article 62 (1) of the Criminal Act ( normal consideration in favor of the reason for reversal).

4. Probation of the Criminal Act;

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