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(영문) 창원지방법원 2013.12.13 2013노2020
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months) is too unreasonable.

2. In light of the fact that the amount acquired by the accused is not much much, and that substantial part of the amount damaged is deemed not to have been restored, the liability of the accused for the crime shall not be minor;

However, in light of the fact that the defendant is the primary offender, the part of the amount of damage was restored, the defendant recognized the crime of this case and divided the wrong facts, the defendant seems to waive his claim for consolation money and division of property while divorced from his spouse, and the criminal punishment for other crimes similar to the crime of this case, equity with the criminal punishment for other crimes similar to the crime of this case, and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, happiness, family environment, and conditions before and after the crime, 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 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 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

2. Article 62 (1) of the Criminal Act ( normal consideration in favor of the reason for reversal).

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