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(영문) 서울동부지방법원 2020.02.14 2019노1249

사기

Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The lower court’s punishment is somewhat unreasonable, if it considers all of the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, and circumstances after committing the instant crime, as the Defendant acknowledged that all of the instant crimes were led to confession, partial repayment of damage was made even at the time of the trial, and the motive and result of the instant crime, and the Defendant’s age, character and conduct

Therefore, the defendant's assertion pointing this out is with merit.

3. Thus, the defendant's appeal is reasonable, and the part of the judgment below against the defendant except the rejection of the application for compensation order among the judgment below against the defendant pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows

[Discied Judgment] The criminal facts and the summary of the evidence recognized by the court are identical to the corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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