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(영문) 춘천지방법원 2014.04.16 2013노978
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. In light of the substance of the act of deception, the crime of this case is not less complicated, but it is deemed that the sentence of the court below is too unreasonable, since it is deemed that the sentence of the defendant is too unreasonable, since the defendant's argument is justified in light of various conditions of sentencing as shown in pleadings, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., which became final and conclusive and the crime of this case was committed simultaneously at the trial. The defendant's argument is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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