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(영문) 서울중앙지방법원 2018.02.02 2017노4424
사기
Text

The judgment of the first instance shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court (two years of suspended sentence in the month of imprisonment with prison labor, two years of suspended sentence, and two hundred hours of community service) is too unreasonable.

(b) it is unreasonable that the prosecutor’s sentence is too uneasible;

2. In addition to the circumstances described in the column for the reasons for sentencing of the first instance judgment, considering the various sentencing conditions indicated in the records and arguments of this case including the fact that the Defendant paid part of the damage to the Defendant for the time of the trial and agreed with the victim, the above punishment sentenced by the first instance court is too unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the first instance court is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and the summary of evidence in the judgment of the court of first instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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