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(영문) 인천지방법원 2015.09.11 2015노2305
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 is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Determination is based on the following facts: (a) the victim’s damage caused by the instant crime is a considerable amount of damage.

However, considering all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, background of the crime of this case, and circumstances after the crime of this case, since the defendant recognized the crime of this case and there was no record of punishment for the same crime, in particular, the defendant agreed with the victim at the time of the trial, and the victim expressed his intention not to punish the defendant, and others, the defendant's argument is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and 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;

1. Suspension of execution under Article 62 (1) of the Criminal Act;

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