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(영문) 서울중앙지방법원 2017.10.13 2017노2828
사기
Text

The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence (6 months of imprisonment) sentenced by the first instance court on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In addition to the circumstances described in the column of the reasons for sentencing of the first instance judgment, considering the records of this case and various conditions of sentencing as shown in the pleadings, including those agreed with the victim, the above sentence, which was sentenced by the first instance court, seems to be too unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the first instance court is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and the summary of evidence in the judgment of the court of first instance, and thus, they are 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 suspension of execution (including the above circumstances);

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