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(영문) 울산지방법원 2020.09.10 2019노1231
사기
Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. After the judgment of the court below was rendered, the defendant prepared a written application stating that the victim does not have any punishment against the defendant under the agreement with the victim.

Considering the above reasons and the conditions of sentencing that the court below stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below is too unreasonable because it is too unreasonable.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. The grounds for reversal of sentencing under Article 62(1) of the Criminal Act (a favorable circumstances, such as the fact that the court below agreed with the victim) and the reasons for sentencing as stated in the records, and all other conditions of sentencing as stated in the records, shall be determined by the suspended sentence.

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