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(영문) 서울중앙지방법원 2018.01.25 2017노4349
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The gist of the grounds for appeal is too heavy.

2. The amount of damage is large and four victims.

However, in full view of all the sentencing conditions in the records of this case, such as the defendant's age, career, sex, family relationship, relationship with victims, situation before and after the crime, etc., the court below's punishment is too unreasonable in light of the following: (a) all victims do not want the punishment of the defendant; (b) the defendant has recovered part of the damage during the period of the crime; (c) the defendant's wife has endeavored to recover damage; (d) the defendant's social ties relation can be publicly announced; (e) the defendant is the first offender; and (e) the defendant's age, career, sex, family relationship, relationship with the victim; and (e) all the sentencing conditions in the records

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Grounds for another judgment] The main text of the judgment of the court below is as stated in the corresponding column of facts constituting a crime and evidence.

Application of Statutes

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, a sentence shall be determined as ordered by the court on the same grounds as the above.

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