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(영문) 광주지방법원 2015.11.11 2015노1291
사기
Text

The judgment of the court below is reversed.

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

However, from the final date of this judgment.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The court below's punishment is too unreasonable in light of the following circumstances: (a) the defendant reflects his mistake; (b) the defendant agreed with the victim after the decision of the court below was made; and (c) the victim wants to have the defendant's wife; and (d) there was no criminal conviction for which the defendant has been punished for the same kind of criminal records or fines; and (b) other various sentencing conditions specified in the argument of this case, including the circumstances of the crime of this case; (c) circumstances after the crime of this case; (d) the defendant's age, character

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 constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

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