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(영문) 광주지방법원 2018.04.18 2018노523
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the nature of the instant crime was not good and that the damage was not completely recovered, strict punishment against the Defendant is required.

However, considering the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the pleadings of this case, such as the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, the defendant's punishment against the defendant is too unreasonable, since the defendant's above assertion is justified, since it is recognized that the defendant's punishment against the defendant 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, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for deletion of the second page 12 of the original judgment, and the corresponding column of the original judgment is the same as that of the original judgment, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

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

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