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(영문) 인천지방법원 2017.03.16 2016노5271
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

However, this decision is delivered to the Defendants.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (eight months of imprisonment) is too unreasonable.

2. The instant crime did not correspond to that of the Plaintiff, and Defendant A had two previous criminal records of the same kind of fine.

However, it seems that the defendants are led to confession and reflect.

In the first instance, Defendant B paid 70 million won of the unpaid balance out of the damaged amount to the victim, thereby not punishing the victim.

This is also considered in sentencing for Defendant A.

In addition, in full view of the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s punishment against the Defendants is recognized as unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is reasonable, and the judgment below is reversed and it is so decided as per Disposition on the following grounds through a new theory of change.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal

However, the judgment of the court below is clearly correct since the 3rd act of the court below is a clerical error in the "repaid". Thus, it is obvious that the 3rd act of the court below is a "repaid".

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, Article 347 of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

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