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(영문) 대전지방법원 2014.02.06 2013노2898
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The 6-month imprisonment sentenced by the court below is too unreasonable.

2. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, etc., the sentence imposed by the court below against the defendant is too unreasonable, since it is acknowledged that the sentence imposed by the defendant is too unreasonable, since the defendant's above argument is well-grounded.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column 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 Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( normal consideration in favor of the above judgment);

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