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(영문) 전주지방법원 2014.03.28 2013노1438
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed to require a strict punishment of the defendant in light of the fact that the defendant deceivings the victim as if he were to find the victim's child and defrauds money from the victims, and the crime is not good, and the amount of fraud is a large amount exceeding 53,00,000 won in total. However, in the meantime, the defendant shows an attitude against the defendant in the confession of the crime of this case, the victims have reached a unanimous agreement between the victim and the victim when the defendant was in the first instance, the defendant is the primary offender, the defendant is the first offender, the defendant is suffering from the disabled of the second degree of disability of the disabled, and the health is not good, such as the defendant's age, character and behavior, environment, family relationship, etc., the sentence imposed by the court below is too unfair, and the above defendant's assertion is justified.

3. In conclusion, 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 with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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 provisions of the Criminal Act and Article 347 (1) of the Criminal Act (to be comprehensively applied to each victim, with respect to the choice of imprisonment);

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment stipulated in a crime of fraud against C of a victim with heavier penalty);

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

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