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(영문) 서울서부지방법원 2017.08.24 2017노662
사기
Text

The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The fact that the crime of this case itself is not good and that the defendant did not recover from damage for a long time, and that the defendant has the same kind of force is disadvantageous.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant was in conflict with the Defendant’s recognition of the instant crime; (c) the Defendant recovered the entire damage to the victim in the course of the trial and agreed upon; (d) there was a change of circumstances in time; (c) the Defendant’s life in detention for a certain period; and (d) the Defendant’s age, sexual conduct, intelligence and environment; (d) the background leading to the instant crime; (e) the means and

3. The judgment of the court below is reversed in accordance with the conclusion, and it is again decided as follows after pleading.

Criminal facts

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

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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