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(영문) 서울서부지방법원 2015.02.12 2014노1784
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 one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below is too unreasonable when considering various conditions of sentencing, such as the defendant's age, character and conduct, environment, and motive and circumstance of the crime, which led to the confession of the crime as a primary offender, the defendant's actual profit is 6 million won, the defendant's living in custody near 2 months in this case, and other various conditions of sentencing such as the defendant's age, character and behavior, environment, and motive and circumstance of the crime.

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 summary of the evidence recognized 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 Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

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

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