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(영문) 서울동부지방법원 2014.01.17 2013노1363
사기
Text

The judgment of the court below is reversed.

The punishment of the accused shall be set forth in six months.

provided that this judgment has become final and conclusive.

Reasons

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

2. In light of the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, occupation, and family relationship, and other circumstances favorable to the Defendant, such as the fact that the Defendant committed each of the instant crimes under the same law even though there were many records of criminal punishment, and the failure to recover from damage, etc., but there are circumstances unfavorable to the Defendant, such as the Defendant’s erroneous recognition of the Defendant, the fact that there was no criminal record beyond the fine, the amount of damage caused by each of the instant crimes, the fact that the Defendant was already detained for a considerable period of time, and the Defendant had an opportunity to reflect, the sentence imposed by the lower court is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in 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) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (each of the favorable circumstances in favor of the previous defendants);

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