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(영문) 대구지방법원 2018.03.22 2017노5303
사기등
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal is too unreasonable as the sentence (300,000 won) declared by the court below is too unreasonable.

2. The judgment was based on the following facts: (a) the Defendant was a minor at the time when he committed the instant crime; (b) the Defendant was a primary offender who had no record of criminal punishment; (c) the amount of damage inflicted on the victim was insufficient; (d) the Defendant’s mistake was divided and reflected; (c) the Defendant was a university student with the past adult age and has sufficient possibility of improving his character and behavior through appropriate edification in the future; and (d) all of the sentencing conditions indicated in the instant case, including the Defendant’s age, occupation, environment, and the circumstances after the commission of the instant crime, etc., the lower court’s punishment is heavy.

Since it is determined, the above argument of the defendant is reasonable.

3. According to the 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 well-grounded, and the following is ruled after pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant recognized by this court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70 and 69 (2) (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence;

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