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(영문) 춘천지방법원 강릉지원 2018.06.14 2018노96
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. The Defendant committed the instant crime without being aware of the fact that he/she was punished several times for the same type of crime and was punished for repeated crime.

Moreover, the Defendant would find employment in the mushroom farm before the instant case and work in good faith, and will not engage in a new crime.

In addition, it is necessary to strictly punish the defendant by committing the same kind of crime at the same time, even if he/she was released from the military court even though he/she was on the military court.

However, it is a letter in which the amount acquired by the defendant is less.

In the first instance, the defendant agreed with the victim.

The defendant's mistake is divided.

In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s punishment is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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