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(영문) 인천지방법원 2013.07.17 2013노1573
사기
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant led to the confession of a crime and is against the victim; (b) the victim voluntarily agreed with the victim during the trial; (c) the victim revoked the criminal complaint; (d) the same type of punishment does not exist; and and (e) the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime; and (e) other various conditions attached to the instant arguments and the sentencing indicated in the records, the Defendant’s assertion is deemed unreasonable because the sentence imposed by

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

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

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. Article 62 (1) of the Criminal Act on the suspension of execution ( Taking into account the conditions favorable to the defendant in the preceding reason for reversal);

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