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(영문) 인천지방법원 2019.07.04 2019노343
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below against the defendant (two years of imprisonment) is too unreasonable.

2. After the pronouncement of the judgment of the court below, comprehensively taking account of the following circumstances: (a) the defendant paid the victim additional KRW 50 million to the victim; and (b) the victim submitted “written agreement and written application for no punishment” to the effect that he does not want the punishment of the defendant; (c) the defendant has no record of criminal punishment for the same kind of crime; (d) the background of the crime in this case; and (e) the defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

The reasons for the new judgment and the summary of the evidence are as stated in the corresponding column of the judgment below.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The sentence shall be determined as per the Disposition, taking into account the various circumstances examined prior to the reasons for sentencing under Article 62(1) of the Criminal Act;

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