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(영문) 부산지방법원 2019.07.25 2019노1540
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. Determination of the summary of the grounds for appeal (unfair punishment for six months) shall be inappropriate;

2. The sentence imposed by the lower court is within the scope of the applicable sentences and the recommended sentencing guidelines set out in the attached sentencing guidelines (one month to one year).

However, the defendant agreed with the victim in the appellate trial.

It is reasonable to comply with the installment implementation agreement.

If the above circumstances and other factors of sentencing are reviewed, the determination of the original sentence is deemed unreasonable.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

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