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(영문) 서울북부지방법원 2017.10.20 2017노1004
사기
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. The Defendant agreed with the victim in the lower judgment, and agreed with G that raised funds to the victim in the appellate trial.

All victims and G do not want to punish defendants.

The degree of deception by the defendant is weak, and there is no record of punishment for the same criminal record or the suspension of execution.

In addition, the lower court’s punishment against the Defendant is unreasonable in light of the following factors: (a) comparing the sentencing conditions as indicated in the instant case’s records and changes; and (b) comparing the sentencing grounds for the

3. The judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is again ruled after pleading as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, it is also accepted by 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. Protection and observation, and community service order under Article 62-2 of the Criminal Act;

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