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(영문) 수원지방법원 2015.01.22 2014노6959
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

[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (compactingly unfair) Sentencing of the lower court (compacting eight months of imprisonment) is too unreasonable.

On the other hand, since the victim C and G suffered a total sum of KRW 33.5 million due to each of the instant crimes (=C30 million G 3.5 million), the Defendant’s criminal liability is not weak.

However, in light of the following circumstances: (a) the Defendant agreed with G at the lower court and agreed to pay KRW 5 million to C in the trial; (b) the victims expressed their intent not to be punished against the Defendant; (c) the Defendant was the first offender; (d) the Defendant recognized the Defendant’s mistake; and (e) the fact that he reflects the fact that he did not have a good health; (c) the Defendant had a time to live in custody for 2 months in the instant case; and (d) other circumstances that are conditions for the sentencing of the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentencing of the lower court is deemed unfair

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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