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(영문) 춘천지방법원 강릉지원 2014.12.16 2014노491
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The crime of this case, which is judged, is not the crime of this case, by deceiving the defendant that the defendant would be able to get the pneumoconiosis judged so that the crime of this case is not the crime of fraud.

However, in full view of the various sentencing conditions indicated in the instant case, including the fact that the Defendant confessions the facts of crime, there is no record of punishment for the same kind of crime, and the fact that the victim agreed smoothly with the victim at the time of the trial, etc., the lower court’s punishment 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 evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Acts concerning the facts constituting the crime and Article 347 (1) of the multiple-choice Act.

1. Article 62 (1) of the Criminal Act on probation;

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