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(영문) 인천지방법원 2018.02.09 2017노4779
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Although the judgment of the court below is several times, the defendant was punished for the same kind of crime before the crime of this case. However, in light of the fact that the victim did not want the punishment of the defendant by mutual consent with the victim, the defendant's mistake and reflects the defendant's living in custody for a certain period of time, and other various circumstances, such as the defendant's age, sex and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the court below's punishment is too excessive and unfair. Thus, the above argument by the defendant is justified.

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, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

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

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