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(영문) 광주지방법원 2013.09.16 2013노1359
사기
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

Reasons

1. The summary of the grounds for appeal by the defense counsel is too unreasonable in light of the following: (a) the Defendant led to confession of the facts charged in the instant case and reflects in depth his mistake; and (b) the Defendant agreed with the heir of the victim C and the Victim F (hereinafter “victim”).

2. In light of the motive and background leading up to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character and behavior, environment, etc., as well as the criteria for recommendation range and suspension of execution according to the sentencing guidelines for fraudulent crimes, the court below's punishment against the defendant is too unreasonable, since it is recognized that the defendant's punishment against the defendant is too unreasonable, since it is too unreasonable. The above argument is justified.

3. Since the defendant's appeal is well-grounded, pursuant to Article 364 (6) of the Criminal Procedure Act, the remainder of the judgment below excluding the rejection of an application for compensation order among the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence are as shown 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. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

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