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(영문) 서울서부지방법원 2018.01.18 2017노1465
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below (one year and three months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Determination of the crime of this case is an unfavorable circumstance, where the nature of the crime of this case was inferior, the damage was not recovered, and the victim did not receive a letter of usage.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s entire criminal acts from the investigative agency to be committed; (b) there is no record of being punished for the same kind of crime; and (c) equity in sentencing with the same kind of crime, age, sex, conduct, intelligence and environment of the Defendant; (d) developments leading to the instant crime; and (e) the means and method of the crime; and (e) circumstances after the crime, etc., the lower court’s punishment is deemed unfair and unfair.

3. The judgment of the court below is reversed in accordance with the conclusion, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

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