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전주지방법원 2013.11.01 2013노624
사기
Text

1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 3,000,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 5,00,000) is too unreasonable.

2. In full view of the fact that the Defendant was punished as a crime of the same kind, and the Defendant did not reach an agreement with the victim, although recognizing the crime of the instant case, the Defendant’s mistake was seriously reflected in the Defendant’s perception of the crime of the instant case, and supported two children under economic difficult circumstances, and other various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

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 below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.