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(영문) 대전지방법원 2013.11.14 2013노2169
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 6-month imprisonment sentenced by the court below is too unreasonable.

2. We examine the judgment, and consider the suffering of victims from each of the crimes of this case, it is recognized that the punishment corresponding to it is necessary for the defendant, but the defendant does not want the victim's punishment, the defendant does not have the same criminal records and has no record of being sentenced to a suspended sentence or heavier punishment, the defendant does not repeat the crime, and the defendant does not reflect and repeat the crime, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, etc., the sentence imposed by the court below is too unreasonable. Thus, the defendant's above assertion is justified.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

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

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. Article 62 (1) of the Criminal Act on the Suspension of Execution ( normal consideration in favor of the above judgment);

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