(영문) 의정부지방법원 2014.12.12 2014노2534

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2014.12.12 2014노2534

사기

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that from the date of this judgment.

Reasons

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

2. The judgment of this case is an unfavorable reason for sentencing, such as the fact that the defendant acquired money by abusing the court's trial procedure, and the nature of the crime is very poor, and that the defendant has been subject to criminal punishment such as criminal punishment for the same kind of crime, etc. over a total of times.

However, in full view of all the circumstances such as the Defendant’s confession of the instant crime and the fact that the Defendant did not seem to have led the instant crime, the Defendant repaid the part of the benefits the Defendant earned by himself to the victim, and the other accomplices have repaid the amount corresponding to the victim. The Defendant appears to have been fully recovered from the damage caused by the instant crime. The Defendant’s health status is not good, and the Defendant’s character, character, environment, occupation, circumstances leading the Defendant to the instant crime, and details leading to the instant crime, and circumstances following the instant crime, etc., the sentence of the lower court is too unreasonable.

Therefore, the defendant's argument is justified.

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

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column 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 Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da3248, Apr. 21, 201) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 201Da3234, Apr. 21, 201) (see, e.g., Supreme Court Decision 201Da3

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