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(영문) 서울중앙지방법원 2018.06.28 2018노721
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In full view of the following circumstances: (a) the Defendant agreed with the victim H in the first instance trial; (b) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (c) other circumstances that are the conditions for sentencing as shown in the records of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, consequence and consequence of the crime; and (d) the sentence imposed by the lower court is

3. As 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 appeal by the defendant is again decided as follows.

As long as an appeal by a prosecutor is groundless, but the original judgment is reversed by accepting an appeal by a defendant, the prosecutor's appeal shall not be dismissed separately.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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