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(영문) 부산지방법원 2014.05.23 2014노1008
사기
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

(b).

Reasons

1. The respective punishment (six months of imprisonment) of the judgment of the court below against the Defendants in the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is based on the following facts: the defendants recognized the crime of this case and against the defendant; the defendants agreed with the victim; the defendants did not have been punished more severe than the fine; the defendants A did not have any profit from the crime of this case; the defendants did not have any profit from the crime of this case; the defendants' circumstances leading to the crime of this case; the progress and progress thereof; the amount of damage; the defendants' age and occupation, and all other matters concerning the sentencing specified in the records and arguments of this case are considered to be unfair since each punishment of the court below against the defendants is deemed to be unfair. Thus, the defendants' assertion is with merit.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is delivered following the pleadings.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as 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 Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Article 62 (1) of the Criminal Act for a suspended sentence;

1. Article 62-2 of the Criminal Act;

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