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(영문) 대구지방법원 2013.08.23 2013노1799
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. In the case of the defendant, the defendant was sentenced to a suspended sentence of 2,507,50 won in the Daegu District Court Port Branch on January 4, 2012, and he was sentenced to a suspended sentence of 7,507,50 won on August 12, 2012, and he was sentenced to a suspended sentence of 2,00 won on January 12, 2012. However, although the above judgment became final and conclusive on January 12, 2012, the defendant led to the crime of this case without being aware of the fact that he/she had been committed even during the suspended sentence period, the defendant is led to the confession and rebuttal of the crime of this case. At the original trial stage, the victim was only under a mutual consent with the victim, and the victim is still unable to punish the defendant, and it seems that the defendant's wife was 20,000 won due to the difficulty in living at home, and the defendant's motive, circumstance, and circumstances leading to unfair sentencing, etc.

3. If so, the defendant's appeal is reasonable, and 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.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence is the same as the corresponding column of the original judgment, and thus, it is in accordance with Article 369 of the Criminal Procedure Act.

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