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(영문) 서울북부지방법원 2013.09.12 2013노799
사기등
Text

The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for four months.

(b).

Reasons

The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant did not have the same kind of imprisonment without prison labor or more for the defendant, and that the defendant additionally deposited KRW 1 million for the victim G in the trial, and KRW 4 million for the victim C, the sentence of the court below is too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the remaining parts of the judgment below except the compensation order shall be reversed and the judgment shall be rendered again as follows after the pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);

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