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(영문) 인천지방법원 2013.11.22 2013노2575
준사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The judgment of the court below is not fully restored to the victim, and it seems that the nature of the crime is very poor in light of the content of the crime by deceiving the victim by taking advantage of the state of mental and physical disability of the victim, who is a intellectual disabled person, by taking advantage of the state of mental and physical disability of the victim, and the mental impulse of the victim. However, although the defendant agreed with the victim at the time of the trial, the defendant was the first offender who has no previous criminal record, the defendant's family members are trying to take care of the defendant's guidance and recovery of damage, and the defendant's family members are trying to take care of all the sentencing materials indicated in the records of this case, including the defendant's age, character and behavior

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of each judgment of the court of original instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 348 (1) of the Criminal Act applicable to the crime, the choice of punishment, and the choice of imprisonment;

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