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(영문) 대전지방법원 2016.07.21 2016노1496
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In full view of the Defendant’s age, sexual conduct, environment, background, means and consequence of the instant crime, circumstance after the instant crime, family relation, etc., the Defendant’s punishment sentenced by the lower court is deemed unfair and unreasonable, and thus, the Defendant’s allegation of unfair sentencing is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for another judgment】 The facts constituting a crime and summary of the evidence recognized by the court below and the summary of the evidence are as stated in each corresponding column of the judgment below, except for the addition of “1.1 Defendant’s original trial statement” to the column for the evidence of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

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