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(영문) 대전지방법원 2016.09.08 2016노1955
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. In full view of the fact that the amount of damage to the crime of this case was not much significant, but the defendant was forced to commit the crime of this case against the defendant, and the defendant was led to the trial of the court of the court of the trial, and the defendant was led to the confession of the crime of this case. The victim was willing to have the defendant's wife, and the defendant did not have any record of being punished for the same criminal record and the suspended execution, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character, character, environment, circumstances, means and result of the crime of this case, circumstances after the crime, family relations, etc., the defendant's punishment imposed by the court below is deemed unfair, and therefore the defendant's assertion of unfair sentencing

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

【The reason for the judgment of the court below which was written] The facts constituting a crime and the summary of the evidence recognized by the court of this court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except for the alteration of "the defendant's partial statement in court" to "the defendant's oral statement in court" as stated in Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

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