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(영문) 인천지방법원 2012.12.27 2012노3264
사기
Text

The judgment of the court below is reversed.

The punishment of the accused shall be eight months by imprisonment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The Defendant has been punished several times due to the same type of crime. However, in light of the circumstances favorable to the Defendant, such as the fact that it is difficult to exempt the Defendant from punishment in that the Defendant committed each of the crimes of this case during the repeated crime period, etc., the Defendant’s mistake is recognized, and the victim D, G and the victims were not able to punish the Defendant, and other circumstances that are favorable to the Defendant, such as the Defendant’s age, character and behavior, environment, occupation, family relationship, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

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

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 347(1) and 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud against the victim G), and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

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

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