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(영문) 수원지방법원 2018.08.24 2018노3525
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the grounds for appeal asserts that the defendant is too unreasonable due to the above excessive punishment of the court below (six months of imprisonment with prison labor), and the prosecutor asserts that the sentence of the court below is too unhued and unfair.

2. The judgment of the defendant has caused the victim to stand a joint and several surety or have the victim borrow a loan under the name of the victim, thereby deceiving the victim with a considerable amount of money. Accordingly, the victim committed a crime in light of the methods and frequency of the crime in this case and the scale of damage, etc.

On the other hand, the fact that the defendant recognized his mistake and is against the defendant, there is no record of punishment exceeding the fine, and that the defendant has reached an agreement with the victim and reached an agreement with the victim is favorable to the defendant.

In full view of the above circumstances and other conditions of sentencing as indicated in the records, such as Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the sentence imposed by the court below is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed separately). [Judgment which is used again] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the corresponding column of the judgment of the court below, and thus, it is cited as it

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, 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. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.

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