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(영문) 의정부지방법원 2014.07.03 2014노987
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

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

2. In full view of all the circumstances, including the fact that the defendant was committed at the time of committing a crime and was committed against the defendant's living under detention for about five months, that the defendant agreed to the extent that the defendant was committed in the first instance, that the degree of deception was relatively weak, that equity should be considered with the case where the judgment is rendered simultaneously with the judgment that became final and conclusive, that the defendant's character, conduct and environment, the background and consequence of each of the crimes of this case, and the circumstances after committing the crime, and all the circumstances constituting the conditions for sentencing as shown in the arguments, the sentence imposed by the court below is deemed unreasonable, and therefore the above argument by the defendant is justified.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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