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(영문) 서울서부지방법원 2014.07.17 2014노179
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable;

2. In light of the fact that the defendant led to the confession of the crime and his mistake is divided, that the court below agreed with the victim for the first time, and other circumstances, such as character and conduct of the defendant, the means and consequence of the crime, the circumstances after the crime, etc., are considered, the sentence of the court below ordering the suspension of execution of imprisonment and community service for 160 hours is too unreasonable, considering that the defendant had a record of punishment for the same crime.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

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

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime. Article 347 (Selection of Imprisonment);

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

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