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(영문) 제주지방법원 2014.04.03 2014노76
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 summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the method of each of the crimes of this case, the amount of fraud, etc., which is disadvantageous to the defendant. However, in light of the fact that the defendant did not have any record of the crime except the minor fine before and after 2000, the victim did not want the punishment of the defendant, and other changes in circumstances such as the defendant's age, character and behavior, family environment, etc., the sentence of the court below is somewhat unreasonable.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

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