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(영문) 수원지방법원 2014.07.03 2014노2424
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

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

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendants (six months of imprisonment) is too unreasonable.

2. Although the amount of damage is not small, the defendants reflects their mistakes and repents through the life of custody for more than two months, and the defendant A agreed to have only 7 million won for the victim. The defendant B deposited 7 million won for the victim, the defendants' health status is not good, the defendants did not have any criminal record for the same kind of crime, and other matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the age, character, conduct and environment of the defendants as shown in the records and arguments of this case, the court below's punishment against the defendants is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is again decided as follows.

[C] The defendants' criminal facts and the summary of the evidence are as stated in the corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and the Defendants’ Selection of Punishment: Article 347 (1) of the Criminal Act (Options of Imprisonment);

1. Article 62 (1) of the Criminal Act on Suspension of Execution;

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