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(영문) 서울서부지방법원 2015.09.11 2015노939
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. In light of the circumstances favorable to the defendant, such as the denial of the defendant's crime of this case at the court below's judgment, the damage amount from the crime of this case reaches 26 million won, etc., but the defendant recognized the crime of this case at the court below and agreed smoothly with the victim, and there are no records of punishment for the same kind of crime, etc., and other circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

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 facts charged and the summary of the evidence admitted by this court is as follows, except for the addition of “the statement of the defendant in this court” to the summary of the evidence, and all of the judgment below are as stated in the corresponding column of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

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