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(영문) 서울서부지방법원 2019.03.14 2018노1293

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The lower court’s punishment (one year and two months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The judgment has repeatedly committed a crime against a large number of victims for a long time, and there are many circumstances unfavorable to the Defendant, such as the instant crime constitutes a repeated offense.

On the other hand, if the defendant was in a trial, it seems that he made efforts to recover damage, such as paying the amount of damage to five of the victims and agreement smoothly, the amount of damage to each of the victims is not significant, and the defendant appears to have an attitude to recognize and reflect the crime of this case, and if he comprehensively reflects the sentencing conditions, such as the defendant's age, character and conduct, family relation, motive, means and method of the crime, and circumstances after the crime, the sentence of the court below against the defendant is too unreasonable and there is a need for mitigation.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court and summary of evidence, and the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

(However, since it is apparent that the “Y” statement in Part 18 of the summary of the evidence is a clerical error in the “FZ” statement, it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the following factors are comprehensively considered: (a) prior to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act; and (b) the various conditions of sentencing, which were expressed in the oral proceedings.