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(영문) 수원지방법원 2013.06.27 2013노955
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

Summary of Grounds for Appeal

The punishment of the court below against the defendant (two years and four months of imprisonment) is too unreasonable.

Judgment

The defendant involved in the "Sishing" crime, thereby causing serious damage to unspecified victims, and the damage therefrom has not been fully repaid. However, the defendant has no record of having been punished except for the previous criminal records of this type. Meanwhile, the defendant has been sentenced to imprisonment for one year and ten months with prison labor for both accomplices C and H (Provided, That the appeal of this case is pending in the appellate court) and the defendant has received a letter of commendation from the Seoul Songpa Police Station by contributing to arresting robbery around 2009, taking into account the following factors: the defendant's age, character and conduct, environment, circumstances after the crime and circumstances after the crime, etc., the punishment imposed by the court below is somewhat inappropriate, taking into account all the factors indicated in the records and arguments of this case, including the defendant's age, character and behavior, circumstances after the crime, etc.

Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited 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. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;

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