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(영문) 춘천지방법원 강릉지원 2015.01.13 2014노527
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

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

2. In light of the method of the instant crime or the amount of damage, etc., there are no circumstances unfavorable to the Defendant, such as the poor quality of the crime, the injury has not been recovered, and the Defendant has been punished for the same kind of crime.

However, in light of the sentencing conditions in this case, including the circumstances favorable to the defendant, such as age, occupation, motive, means and consequence of the crime, circumstance after the crime, etc., the sentence of the court below against the defendant is too unreasonable, in light of the following: (a) the defendant's age, occupation, motive of the crime, means and consequence; and (b) the court below's punishment against the defendant is too unreasonable.

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

Application of Statutes

1. Article 347 (1) of the relevant Act concerning the facts constituting an offense, the multiple-choice of punishment, and the choice of imprisonment;

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

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