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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2019.09.06 2018노1857
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of five months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (five months of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the court below's judgment that found the Defendant guilty of the primary facts of this case was erroneous and adversely affected the conclusion of the judgment by misunderstanding the facts, although it can be sufficiently recognized that the Defendant had the intent to acquire the payment from the victim from the time of joining the fraternity of this case, and that the Defendant had committed the crime of this case.

Dob. The sentence of the lower court on unreasonable sentencing is too uneasible and unfair.

2. The lower court determined as to the prosecutor’s assertion of mistake of facts, based on the evidence duly adopted and investigated by the lower court, and determined that there is insufficient evidence to acknowledge that the Defendant, based on the evidence submitted by the prosecutor in this case in light of these facts and circumstances, even if the Defendant received the payment from the victim on May 2, 2014, which was a party to the instant identification system, by deceiving the victim as the criminal intent of deception, and received the amount equivalent to the payment by deceiving the victim as the criminal intent of deception, even though the Defendant did not have any intent or ability to make the said payment,

Examining the judgment of the court below closely with the records, such judgment of the court below is just, and the prosecutor's assertion is without merit.

3. The defendant seems to have committed a crime by using his/her reliance on the victim's friendly statement of unfair sentencing by the defendant and the prosecutor.

The period of crime is long and the amount of damage is not high.

However, in the first instance, the defendant agreed to compensate for damages to the victim, and the actual amount of the agreement was commenced in the trial, and there was a power to suspend execution due to the same crime, but it was in the year 2006, and there was no record of the same crime thereafter, and the age of the defendant.

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