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(영문) 인천지방법원 2020.01.07 2019노3270

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below is too unreasonable.

2. In light of the fact that the defendant repeatedly committed the crime of fraud, public conflicts, unauthorized driving, computer, etc. on several occasions, such crime is not good.

The victims have not been fully recovered from the damage.

However, the Defendant recognized each of the crimes of this case, and is against the law.

In the past, the defendant agreed with the victim C, AE, AH, AI, T, and the above victims want to take the action against the defendant.

The defendant is an initial criminal who has no criminal history.

In full view of the above circumstances, Defendant’s character, conduct and environment, motive, means and consequence of the crime, circumstances after the crime, and criminal records, etc., the lower court’s punishment is somewhat heavy.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 350(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 350(1) of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Article 151 of the Road Traffic Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act, Articles 347-2 of the Criminal Act, the choice of punishment for a crime;

1. Of concurrent offenders, multiple sentencings are considered in the first sentence of Article 37, Articles 38(1)2 and 38(2), and 50 of the Criminal Act, on the grounds of the above appeal.