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(영문) 수원지방법원 2013.10.10 2013노3414
사기등
Text

The judgment below

The guilty portion against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

seizure.

Reasons

Summary of Grounds for Appeal

The sentence of the court below against the accused (one year and two months of imprisonment, and confiscation) is too unreasonable.

Judgment

Although the defendant has a criminal record of the same kind and has been punished strictly in that he has acquired a considerable amount from many victims, in full view of the fact that the defendant agreed with some victims in the trial, and that there is a misunderstanding, the defendant's age, character and conduct, environment, circumstances of crimes, circumstances after crimes, etc., and all of the sentencing conditions in the records and arguments of this case, the punishment sentenced by the court below is somewhat unreasonable.

In conclusion, the defendant's appeal is reasonable, and the defendant's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is judged as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part 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. Relevant legal provisions concerning criminal facts and the fraud of the choice of punishment: Advertisement that is likely to mislead other persons into thinking drugs under Article 347 (1) of the Criminal Act: The possession of a means of access under Articles 37 (1) and 13 (1) 1 of the Cosmetics Act: Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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