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(영문) 대전지방법원 2015.04.02 2015노222
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to six months) of the original judgment is too unreasonable.

2. The judgment of the court below is that the defendant recognized all of the crimes of this case and divided his mistake in depth, there is no same record of punishment, and there is no record of criminal punishment other than two times of fine, and the victim does not have the punishment of the defendant. The scope of the recommended sentence on the crime of this case according to the sentencing guidelines established by the Supreme Court Sentencing Committee, which was established by the Supreme Court Sentencing Committee, is that the defendant does not have the punishment of the defendant. The sentencing range of the recommended sentence on the crime of this case according to the sentencing guidelines of this case is unfair considering the following factors: 1 month from January to January of imprisonment, 1 year, general fraud type 1 (less than KRW 100,00), the decision on the recommended area, the range of recommended sentence (in the case where the punishment was not imposed or was recovered from considerable damage), and the major pride factor that can be suspended, and considering the following factors such as the defendant's age, character and behavior, environment, motive and background of the crime, means and consequences before and after the crime, it is too unreasonable.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the judgment is rendered again as follows.

Criminal facts

The criminal facts and the summary of evidence against the defendant recognized by this Court are as shown in each corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

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 (Consideration favorable circumstances in front);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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