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(영문) 서울중앙지방법원 2013.10.18 2013노3002
사기등
Text

The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by one year and two months.

except that this judgment.

Reasons

1. The summary of the grounds of appeal on the grounds of unfair sentencing. 2. The judgment of the court of first instance is unfair in full view of the following: (a) the defendant again agrees not to commit such an offense; and (b) his mistake is pened in depth; (c) the defendant has no criminal power except juvenile protection cases; (d) the victim's injury to shopping mall or pet golf was recovered from the victims; and (e) the defendant's age, character, character and behavior, family style, motive and circumstance of the crime; (b) the situation before and after the crime was committed; (c) a balance of punishment with accompliceD; and (d) the risk of recidivism, etc., the sentence sentenced by the court of first instance is too unreasonable.

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant law on criminal facts, Articles 347(1) and 30 of the Criminal Act on the choice of punishment (the choice of imprisonment with prison labor), Article 70(1)6 of the Specialized Credit Financial Business Act, and Article 30 of the Criminal Act (the use of credit cards)

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