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(영문) 광주지방법원 2006.12.21 2006노1415
사기 등
Text

The judgment of the court below is reversed.

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

The judgment below

One hundred forty-two days of detention before pronouncement.

Reasons

The gist of the defendant's appeal is that the punishment sentenced by the court below to the defendant is too unreasonable.

In light of various circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, etc., the lower court’s punishment is somewhat unreasonable and unreasonable, taking into account the following: (a) the amount acquired by deception is not so significant; (b) the amount received under the pretext of solicitation was fully returned; (c) the amount of money was satisfy and is in contravention of depth; and (d) the public official faithfully performed his duties during that period; and (c) the public official was performing his duties in good faith.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are identical to each 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 347 (1) and Article 30 of the Criminal Act, Article 227 of the Criminal Act, Article 229 and Article 227 of the Criminal Act, Article 111 of the Attorney-at-Law Act, the choice of punishment for a crime, Article 347 (1) and Article 30 of the Criminal Act, Article 227 of the Criminal Act, Article 229 and Article 227 of the Criminal Act, Article 11

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

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of grounds for reversal);

1. The latter part of Article 116 of the Attorney-at-Law Act;

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