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(영문) 대구지방법원 2019.07.26 2019노1785

사기

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

1. The punishment (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable;

(2) It is recognized that the defendant was guilty of 60 million won by deceiving the victim, and that the crime is bad, and that the defendant has already been punished 8 times in total including one time of suspended execution for this type of crime.

However, it is also recognized that the defendant recognized the crime of this case for the first time in the trial and reflects the fact that he was detained in the court below and had the time to lodge himself through prison life for about two months, agreed with the victim C, etc. who acquired the right from the victim, there is no same criminal record and criminal punishment, and there is a family member to provide support.

In addition, considering various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, the punishment sentenced by the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to the corresponding column of the judgment of the court below in addition to the modification of the "1. Part of the defendant's court statement" in Part 8 of the summary of the evidence of the judgment of the court below to "1. The defendant's court statement". Thus, it is acceptable 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 criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;