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(영문) 서울중앙지방법원 2017.02.03 2016노5094
사기
Text

We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

1. The sentence sentenced by the first instance court (one month of imprisonment) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In light of the circumstances favorable to the defendant as stated in the reasons for sentencing of the first instance judgment, the circumstances agreed with all victims were added to the appellate court, and taking account of the defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the first instance judgment, which was rendered by the court of first instance, is unreasonable as it is unreasonable.

Therefore, we accept the defendant's argument.

3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the first instance court is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

In other words, the criminal facts of the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment of the court of first instance, and thus, they are cited 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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act (the above 2. Consideration in favor of the defendant who lives in pin as a result of the suspension of execution);

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