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(영문) 수원지방법원 2014.09.04 2014노3981
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Although the fact that the amount acquired by the defendant through the crime of this case reaches KRW 300 million, it constitutes a ground for sentencing unfavorable to the defendant. However, if we comprehensively examine the various circumstances, including the fact that the defendant led to a confession and reflects against the crime of this case, and that the defendant living under custody for more than two months in this case, the victim did not want the punishment against the defendant by mutual consent with the victim, and that the defendant did not have the same criminal history, etc., it is deemed that the sentence imposed by the court below is unreasonable.

3. Accordingly, 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 well-grounded.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as stated in each corresponding column of the judgment of the court below, except for the addition of the "1. Defendant's trial statement" to the summary of the evidence of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

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