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(영문) 서울남부지방법원 2014.12.12 2014노1930
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In this case, the Defendant committed fraud by forging a document under the name of his/her father and wife, and the fact that the method of committing the crime is not good, etc. is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant appears to have committed a crime; (b) the victims of fraud were recovered in the course of the trial; and (c) the background, means and methods of the instant crime; (d) the consequences of the instant crime; (b) the circumstances after the instant crime; and (c) the Defendant’s age and happiness environment; and (d) the circumstances that are the conditions for sentencing as stipulated in Article 51 of the Criminal Act, which are expressed in the records and arguments,

Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Articles 34 and 231 of the Criminal Act; Article 347 (1) of the Criminal Act; the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of grounds for reversal);

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