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(영문) 광주지방법원 2016.04.06 2015노2065
사기
Text

The judgment of the court below is reversed.

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

However, from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The crime of this case is a favorable circumstance, such as the crime of this case by deceiving money from the person who was injured by the professional axis, and the nature of the crime is not good, and there is no agreement with the victim, while there is no criminal record exceeding the same criminal record or fine, the defendant recognized his mistake and reflects that he deposited KRW 30,00,00 for the victim after the judgment of the court below was rendered. In full view of the circumstances of the crime of this case, circumstances after the crime of this case, the situation after the crime of this case, the defendant's age, sexual behavior, environment, etc., the court below's punishment is too excessive and unfair. Thus, the defendant's assertion is justified.

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, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (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;

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

1. The community service order under Article 62-2 of the Criminal Act;

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