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(영문) 수원지방법원 2020.05.08 2020노527

사기등

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and compensation order) of the lower court is too unreasonable.

2. In full view of the arguments of this case and the reasons for sentencing specified in the records, including the fact that the above victims do not want criminal punishment by concluding an agreement with the victim AD, AE, AH, AJ, AJ, AI, and AT when the defendant was in the trial of the trial of the trial of the trial of the trial of the trial, the defendant recognized the defendant's mistake and reflects his fault, and there is no criminal power except the protective disposition against the defendant, and the defendant did not have any criminal power, the court below's punishment seems to be unfair because it seems that the defendant's age, social relation, health status

3. If so, the defendant's appeal is reasonable. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below excluding the order for compensation is reversed, and it is decided as follows after pleading.

【Grounds for the judgment used again for the part other than a compensation order】 Criminal facts and summary of evidence recognized by the court are identical to the entries in the corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1), Article 30 of the Criminal Act (the fraud described in paragraph (1) of the "2019 Highest 889" and each fraud listed in the judgment of "2019 Highest 2296"), Article 347(1) (the fraud of money each), Articles 229, 225, and 30 of the Criminal Act concerning facts constituting an offense, Article 97(1) and Article 347(1), Article 30 of the Telecommunications Business Act concerning the selection of punishment, Article 97 Subparag. 7 of the Telecommunications Business Act (the use of forged public document), and each choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;