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(영문) 광주지방법원 2018.11.28 2018노2202
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the nature of the instant crime was not good and that there was no agreement on full recovery of damage or failure to reach an agreement, strict punishment against the Defendant is necessary.

However, in consideration of the defendant's age, sex and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below against the defendant is too unreasonable, since it is recognized that the defendant's punishment against the defendant is too unreasonable, since it is too unreasonable, the defendant's above assertion is reasonable.

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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted 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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