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(영문) 수원지방법원 2019.02.12 2018노6545
사기
Text

The judgment below

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

A defendant shall be punished by imprisonment for one year.

(b).

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In full view of the following circumstances: (a) there was an agreement with the victim for the first time in the judgment; (b) the Defendant and the Defendant’s spouse are able to pay damages in the future; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and (d) circumstances after the instant crime were committed, the lower court’s punishment is unreasonable and unreasonable.

3. Since the appeal by the defendant is well-grounded, the part of the judgment below excluding the compensation order among the judgment below is reversed, and the remaining part is again decided as follows through pleading pursuant to Article 364(6) of the Criminal Procedure Act

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are the same as stated in each corresponding column of the judgment of the court below. 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 criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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