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(영문) 서울중앙지방법원 2013.05.22 2013노1234
사기
Text

The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by six months of imprisonment.

except that this judgment.

Reasons

1. The summary of the grounds of appeal is unreasonable in light of the following: (a) the defendant's mistake was divided in depth; (b) the victim and the defendant did not want criminal punishment against the defendant; and (c) the defendant did not have any record of criminal punishment for a crime similar to this case; and (d) the defendant's age, character and behavior, family character and manners, motive and circumstance of the crime and circumstances before and after the crime were committed; and (b) the first instance court's sentence for eight months, which the defendant sentenced to imprisonment, is too unreasonable.

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do11144, Apr. 1, 2011; 201Do3144, Apr. 21, 201)

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