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(영문) 광주지방법원 2013.05.22 2013노683
사기
Text

The judgment below

The remainder, excluding the rejection of an order for compensation and an application for compensation, shall be reversed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The sum of the judgment money is not less than 40 million won, but the defendant's mistake is recognized by the court below, and the victim F (hereinafter referred to as 28950,000 won) was agreed with the victim D at the court below. The victim F (hereinafter referred to as 28950,000 won) did not want the defendant's punishment, there was no record of punishment heavier than the suspended execution due to fraud, and other all the sentencing conditions specified in the records and arguments of this case, including the defendant's age, character, character, occupation, occupation and environment, motive and circumstance leading to the crime of this case, and circumstances after the crime, etc., are considered to be unfair. Thus, the defendant's argument is justified.

3. If so, the defendant's appeal is reasonable. Thus, the part of the judgment below excluding the rejection of an application for compensation order and an order for compensation pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as 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 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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