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(영문) 춘천지방법원 강릉지원 2019.09.19 2019노222

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) of the lower court is too unreasonable.

2. Although the Defendant obtained a large amount of money from a large number of victims over several occasions, it appears that only a part of the amount of damage has been repaid up to the present time, and it is difficult to expect that the damage would be recovered, and that the Defendant has not yet been used from other victims, other than the victim N and I, are disadvantageous to the Defendant.

However, the court below's punishment is too unreasonable in light of all the conditions of sentencing, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., and the fact that the defendant committed the crime of this case in the course of the trial and reflects the wrongness of the defendant, there is no criminal conviction exceeding the fine.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【The Reasons for the Judgment of the court below which has been written] The facts constituting a crime and the summary of the evidence acknowledged by the court of this court and the summary of the evidence are identical to the facts in each corresponding column of the judgment below, except for the alteration of “1. The Defendant’s partial statement” in the summary of the evidence to “1. The Defendant’s statement in this court”. As such, they are cited in accordance with

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. From among concurrent offenders, the sentencing conditions set forth in the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are comprehensively considered prior to the reasons for sentencing.