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(영문) 서울중앙지방법원 2013.10.25 2013노2762
사기
Text

The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by ten months of imprisonment.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is relatively inappropriate. 2. The first instance court’s judgment is relatively inappropriate, but the first instance court’s punishment of 10 months imprisonment, which the Defendant declared by the first instance court, is too unreasonable, considering the following as a whole: (a) the Defendant, who has committed a crime in this case, led to the confession of all the crimes in the first instance; and (b) the victim and the victim have reached an agreement in the first instance; and (c) the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime in this case; and (d) other various sentencing conditions in the pleadings in this case, including the circumstances after the crime

3. As a result, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence admitted by this court are the same as the judgment of the court of first instance, except where the defendant corrects "a part of the defendant's legal statement" of the evidence of the court of first instance to "a statement made by the court of first instance", and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws and the choice of punishment for the crime (the choice of imprisonment with prison labor), each of Article 347(1)1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act aggravated for concurrent crimes (the former part of Article 38(1)2 of the Criminal Act), Article 62(1) of the Suspension of Execution Act (the fact that there is no ground for disqualification for suspended sentence against the

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