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(영문) 수원지방법원 2014.04.10 2014노1050
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The judgment of the defendant committed the crime of this case without being aware of the criminal records of the same kind in multiple times, and the fact that the victim is a majority and most of the victims have not recovered from most of the damages are disadvantageous to the defendant.

However, considering the fact that the defendant reflects and repents his mistake, that he takes up the enlistment in active duty service at the age of 19 years, that he takes up five months, that he reached an agreement with the victim I in the trial, that the crime is limited to attempted crimes, that there is no criminal record who has been sentenced to imprisonment without prison labor or heavier punishment, that there is no other criminal record, and other various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and behavior, and environment, as shown in the records and arguments in this case, the sentence of the court below 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 evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of stolen credit card), Articles 352 and 347 (1) of the Criminal Act, each of the choice of imprisonment with prison labor;

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

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