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(영문) 대구지방법원 2013.05.24 2013노987
사기
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that from the date of this judgment.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. Examining the Defendant’s payment of damages to the victim D and C, the Defendant’s payment of damages to the victim D and the victim E, the Defendant deposited KRW 52 million for the victim E, the Defendant’s payment of damages against his/her wrongness through confinement life, the Defendant’s payment of fines, the Defendant’s payment of fines, and the fact that there are no particular criminal records, other than the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all the conditions of sentencing indicated in the instant records and arguments, such as the circumstances after the crime was committed, the sentence imposed by the lower court is too unreasonable, and the above argument by the Defendant is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized 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 provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62 (1) of the Criminal Act (the favorable circumstances in the above part) is above;

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