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(영문) 인천지방법원 2015.01.14 2014노4112
사기등
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant was not sentenced to imprisonment without prison labor or heavier punishment for the same crime, and that the defendant reached an agreement with the victim Q, the court below's punishment is too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the part of the judgment below except the compensation order among the judgment below shall be reversed and the judgment shall be rendered again as follows after the pleading.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 347 (1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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

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