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(영문) 창원지방법원 2013.12.13 2013노1983
사기등
Text

The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and four months) imposed by the court below is too unreasonable.

2. The crime of this case is inevitable in light of the following facts: (a) the Defendant continuously committed assault against a woman who belongs to and associated with his own personal history and acquired money on several occasions; and (b) the nature of the crime is not very good; and (c) the Defendant has escaped for a long time after the detection of the crime of this case.

However, in light of all of the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant made efforts to recover damage; (c) the Defendant made an additional agreement with the victim B during the trial; and (d) the balance with criminal punishment for other crimes similar to the instant crime; and (c) the Defendant’s age and family environment; and (d) the circumstances before and after the instant crime, etc., the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347 of the Criminal Act, the choice of imprisonment for a crime

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

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