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(영문) 인천지방법원 2014.12.11 2014노3497
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

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

2. In light of the circumstances favorable to the defendant, such as the fact that the defendant deposited part of the money for the victim, but the damage recovery was not performed considerably, etc., the punishment imposed by the court below is somewhat unreasonable, in view of the circumstances favorable to the defendant, including the fact that the defendant made an effort to recognize his mistake and restore damage, the circumstances leading to the crime, and the fact that there were no records of punishment for the same kind of crime, and other various circumstances that are favorable to the defendant, such as the circumstances before and after the crime of this case, the age, character and conduct of the defendant, the environment, and family relations.

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. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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