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(영문) 인천지방법원 2015.01.22 2014노4065
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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 on the defendant (one year and six months of imprisonment) is too unreasonable.

2. In light of the circumstances favorable to the defendant, such as the fact that the crime is not good in light of the content of the crime of this case where the defendant continuously acquired money from the victim during a considerable period of time, etc., the punishment imposed by the court below is somewhat inappropriate, in consideration of the circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake through a confinement life for about six months, and that the defendant agreed to repay part of the money in the court below, and that the defendant would be able to repay the unpaid amount in the future, and other conditions attached to the sentencing indicated in the records, such as the defendant's age, character, conduct and environment.

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. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act (Taking into account the favorable circumstances in the preceding);

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