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(영문) 인천지방법원 2019.10.11 2019노2274
사기
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The defendant, by deceiving the victim and deceiving the victim of KRW 60,00,00, and the substantial amount of the damage is that the defendant is disadvantageous to the defendant.

However, considering the circumstances favorable to the Defendant, such as the Defendant’s age, character and conduct, environment, background of the crime, circumstances after the crime, etc., the lower court’s punishment seems to be somewhat unreasonable, in view of the following factors: (a) the Defendant has never been punished for the same kind of crime; (b) the Defendant does not want the Defendant’s punishment; and (c) the Defendant’s family members want to have the Defendant’s prior wife by mutual consent with the victim; and (d) the Defendant’s family members want to take

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence acknowledged by the court of this court and the summary of evidence are as follows: (a) changes "the defendant's partial statement" to "1. The defendant's oral statement" in the summary of evidence to "1. The defendant's oral statement"; and (b) it is identical to each corresponding column of the judgment of the court below, and thus,

Application of Statutes

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

1. The sentence shall be determined as ordered in consideration of the various circumstances in light of the examination of the reason for sentencing under Article 62(1) of the Criminal Act.

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