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(영문) 인천지방법원 2018.12.21 2018노3672
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. The crime of this case with respect to the determination of the unfair argument of sentencing is that the defendant acquired money under the pretext of solicitation while proposing the illegal admission. The crime of this case is not against the nature of the crime.

However, the Defendant is against the Defendant’s confession of the instant crime.

In the past, the defendant agreed with the victim in the first instance.

The equity shall be taken into consideration in cases where a judgment has been rendered together with each fraud for which judgment has become final and conclusive.

The defendant has been able to live in prison for a certain period of time.

In full view of the above circumstances, the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The favorable circumstances in part of the judgment on the grounds for the above appeal);

1. In the judgment of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentence is determined as ordered by comprehensively taking account of the various reasons for sentencing, as well as the reasons for appeal.

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