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(영문) 서울북부지방법원 2013.05.02 2013노386
사기
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of the various sentencing conditions shown in the records and arguments of this case and the fact that there was no criminal record and the defendant agreed with the victims in the trial, the court below's punishment is too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the remaining parts of the judgment below except the compensation order shall be reversed and the judgment shall be rendered again as follows after the pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 40 and Article 50 of the Criminal Act, the choice of punishment, 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 on the stay of execution ( normal consideration in determining the grounds for appeal);

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