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(영문) 서울동부지방법원 2015.06.26 2015노558
사기
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the defendant was sentenced to punishment four times as a crime of fraud, and that the crime of this case was committed without being aware of the crime even though it constitutes a repeated crime, and that the amount of damage was not small.

However, in full view of the fact that the defendant's criminal act is committed by himself and the mistake is divided, that the victim has reached the trial and reached the unanimous agreement with the victim, and other various circumstances, including the defendant's age, health, environment, family relationship, etc., the sentence of the court below is deemed to be too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence presented by the court is the same as that stated in each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws and Article 347 (1) of the Criminal Act concerning criminal facts and the choice of punishment (generally, choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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