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(영문) 서울중앙지방법원 2016.12.16 2016노3951
사기
Text

The part of the judgment of the court of first instance against the defendant is reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The punishment (six months of imprisonment) sentenced by the first instance court on the gist of the grounds for appeal is too unreasonable;

2. Although there are disadvantageous factors for sentencing, such as the considerable amount of damage, the defendant has reached an appellate trial, and the defendant has agreed to pay all the amount of damage to the victim and has agreed to do so. In full view of the following: the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and other various circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, family relationship, motive and consequence of the crime, the punishment of the first instance court is deemed unreasonable.

Therefore, we accept the defendant's argument.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

The criminal facts of the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment of the court of first instance, except where "the defendant's statement in this court" is added to the summary of the evidence. Thus, it shall be cited as it is 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. Article 62 (1) of the Criminal Act (the conditions favorable to the defendant who lives in the preceding two paragraphs);

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