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(영문) 수원지방법원 2018.06.05 2017노9430

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 20 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant led to the confession and reflect of the instant crime; (b) the victim agreed with the victim that the victim did not want the punishment of the Defendant; (c) the role and degree of participation; (d) the Defendant’s profit and profit from the commission of the crime; and (e) the Defendant’s age, sexual conduct, environment; and motive and circumstances leading to the instant crime; and (e) the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;