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(영문) 서울서부지방법원 2017.01.19 2016노1411
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Despite the reasons for sentencing unfavorable to the defendant, the defendant does not repeat again by recognizing the crime of this case from the investigative agency to the trial of the party.

In light of the fact that the defendant is the only guardian after the death of his spouse, and the local community education experts and the school teachers of elementary school who are accompanying his father are working for the defendant's wife, and the defendant has no record of punishment for the same kind of crime, the punishment imposed by the court below against the defendant needs to be mitigated.

The decision is judged.

Therefore, the defendant's argument of sentencing is justified.

3. Thus, the defendant's appeal is justified and 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 again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to the facts stated in the corresponding column of the judgment below, and thus, it is also accepted 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;

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