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(영문) 의정부지방법원 2013.04.19 2013노429
공전자기록등불실기재등
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 two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to be somewhat unfair because the defendant arranged a disguised marriage with Chinese people several times for the purpose of acquiring money, and the quality of the crime is not weak. However, considering the fact that the defendant divided his mistake in the trial, that the defendant does not have the same criminal power, and other sentencing conditions in the records, such as the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc., the above argument by the court below is justified.

3. According to the conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.

Criminal facts

The summary of the evidence and criminal facts 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 quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 228 (1) and Article 30 of the Criminal Act, Article 229 of the Criminal Act, Articles 228 (1) and 30 of the Criminal Act, Article 228 (1) and Article 30 of the Criminal Act, the choice of imprisonment with labor for the crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62 (1) of the Criminal Act (a favorable consideration of the grounds for reversal);

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