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(영문) 수원지방법원 2015.04.24 2015노893
공갈등
Text

The judgment of the court below is reversed.

The defendant is sentenced to two months of imprisonment with prison labor for the crime Nos. 1 in the first list of crimes.

Reasons

1. The summary of the grounds for appeal is too unreasonable for each sentence of the court below against the defendant [one year of imprisonment with prison labor for a crime of No. 1 in the list of crimes in the letter of crime No. 1, for a crime of No. 2 or No. 4 in the table of crime in the table of crime No. 1 in the holding, for a crime of No. 2 or No. 2 in the table of crime in the table of crime No. 1 in the holding, and for

2. The crime of this case was committed on several occasions by the defendant intentionally contact his hand with the bus entrance, and was committed by deceiving the victims to take money or withdraw it under the name of medical expenses, and the crime was committed in a planned and repeated manner, and the nature of the crime is very poor in that the crime was committed by deceiving the victims as if it was charged with money.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant appears to have an opportunity to sufficiently reflect the Defendant’s life in custody for more than four months; (c) the amount by victim or the amount by fraud is relatively small; (d) the Defendant’s health status is not good; and (e) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant and his defense counsel’s allegation of unfair sentencing is reasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 350 of the Criminal Act (a point of conflict), Articles 350 (1) and 352 of the Criminal Act (a point of conflict), and Article 347 (1) of the Criminal Act concerning criminal facts.

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