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(영문) 서울중앙지방법원 2013.09.11 2013노2637
사기등
Text

The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by three months of imprisonment.

Reasons

1. The summary of the grounds of appeal is an unreasonable sentencing. 2. The first head of the first instance court's judgment and the second sentence concurrent crimes under the latter part of Article 37 of the Criminal Act should be considered in relation to each of the crimes of this case. The F andJ, etc. appeal against the defendant. The defendant raised an appeal against the victim D in the first instance trial. The defendant deposited 400,000 won as compensation for damages, the defendant is a person of distinguished service to military service, the intelligence of the defendant is somewhat lower than average person, and there is room to regard that the defendant caused each of the crimes of this case under the circumstances where the defendant's intelligence is less than average person, and therefore, it is difficult to see that the defendant's age, character and behavior, family form, motive and circumstance of the crime, and circumstances before and after the crime, etc., the sentence of imprisonment with prison labor of the first instance court for 10 months is somewhat unreasonable (the prosecutor's assertion that unfair sentencing is not accepted). Accordingly, the defendant's appeal is reversed under Article 361 of the Criminal Procedure Act.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act, Article 230 of the Criminal Act, Article 347(1) of the Criminal Act, Article 37 subparag. 10 of the Resident Registration Act, Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act, Article 34 and Article 231 of the Criminal Act, Article 34-2 of the Criminal Act, Article 49(4)1 and Article 6(3) of the Electronic Financial Transactions Act concerning criminal facts.

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