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(영문) 대구지방법원 2017.12.13 2017노4756
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is not good in light of the applicable law and the scale of damage. However, considering the following circumstances: the defendant recognized the crime of this case and reflects the defendant; the defendant did not want the punishment of the defendant by mutual consent with the victim; the defendant does not have the same criminal record; the defendant does not have the criminal record; the defendant's age, sexual conduct, environment, motive or circumstance of the crime; and the circumstances after the crime, etc., the punishment sentenced by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is judged again after pleading as follows. [Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and the summary of evidence as stated in the corresponding column of the judgment of the court below. Thus, it is cited pursuant to Article 369

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Determination of the reasons for sentencing of Article 62(1) of the Criminal Act (the favorable circumstances in the determination of the reasons for appeal above) and the reasons for appeal as set forth in the Disposition above shall be set forth on the same reasons.

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