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(영문) 서울동부지방법원 2017.12.08 2017노815
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of 6 months sentenced by the court below to the defendant is too unreasonable.

2. In light of the content of deception and the size of the amount of deception, etc., the Defendant’s criminal liability is not somewhat minor but rather, considering all the circumstances favorable to the Defendant, including the fact that the Defendant led to a confession and reflect on the instant crime, that there was no record of punishment exceeding the fine, that the Defendant did not have any record of punishment exceeding the fine, and that the Defendant made efforts to recover damage, such as deposit the total amount of KRW 30 million in the court below, etc., the Defendant’s age, career, and sexual conduct, etc., and all other circumstances constituting the conditions for sentencing specified in the instant records and arguments, the lower court’s punishment is somewhat inappropriate.

Therefore, the defendant's argument of sentencing is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Grounds for a new judgment] The criminal facts and summary of evidence against the defendant recognized by this court are as stated in each corresponding column of the judgment below. 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 concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The consideration of the favorable circumstances as seen in the above reversal ground);

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