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인천지방법원 2015.01.29 2014노4674
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (4 months of imprisonment).

2. In light of the circumstances favorable to the Defendant, such as the Defendant’s age, character, conduct and environment, etc., the sentence imposed by the lower court is somewhat unreasonable, in view of the following: (a) the Defendant was found to have made a mistake in the trial; (b) the Defendant partially paid the amount of money to the victim in the trial; (c) the Defendant promised to repay the remaining amount of money to the victim; and (d) the Defendant agreed to do so.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Taking into account the favorable circumstances in the preceding);