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(영문) 수원지방법원 2015.01.15 2014노6712
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

【Judgment on Grounds for Appeal】

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. In light of the fact that the crime of this case by deceiving the victim two times via deception is not good for the crime of this case, that the defendant denied the crime in the court below, and that the defendant seems to have considerable economic difficulties because he did not pay damages for the long time after the crime of this case, it is necessary to punish the defendant with strict punishment.

However, in full view of the following factors: (a) the Defendant made confession of all the crimes when the Defendant was in the trial; (b) the Defendant did not have any criminal record exceeding the same type of criminal records and fines; (c) the victim expressed his/her intent that he/she would not want the punishment by mutual consent with the victim after the judgment of the court below; and (d) the Defendant’s age, character and conduct, occupation and family environment, the background and result of the crime; and (e) other various sentencing factors indicated in the instant case, including the circumstances after

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Reasons for the decision to see] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, 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. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Social service order under Article 62-2 of the Criminal Act;

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