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(영문) 수원지방법원 2013.07.25 2013노1724
사기
Text

The judgment below

The part, other than the rejection of the application for compensation, shall be reversed.

A defendant shall be punished by imprisonment for a term of two years and two months.

Reasons

Summary of Grounds for Appeal

The punishment of the court below against the defendant (two years and six months of imprisonment) is too unreasonable.

Judgment

Although the defendant is subject to strict punishment in that he/she acquired a considerable amount from several victims, the defendant did not have a criminal record, while recognizing all the facts charged of this case, and returning part of the amount acquired by the defendant from the victims, and returning part of the amount acquired by the victim from the victims, following the agreement with the victim M at the investigation stage, the defendant's age, character and behavior, environment, circumstances after the crime, etc., as well as all the sentencing conditions indicated in the records and arguments of this case, are inappropriate, taking into account the following: the defendant's age, character and behavior, environment, circumstances after the crime, etc., and all the sentencing conditions indicated in the records and arguments of this case.

Thus, the defendant's appeal is reasonable, and the part of the court below's decision excluding the rejection of the application for compensation among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is decided again

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are 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. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;

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