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(영문) 제주지방법원 2020.05.21 2020노97

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The judgment of this case is that the defendant, by deceiving his employer, forged the document in the name of the customer who became aware of in the course of opening the cell phone and then opened the cell phone using it, or embezzled the sales proceeds of the cell phone while being kept in custody for the customers, and the crime is bad and the responsibility is very heavy.

However, the defendant was found to have committed each of the crimes of this case for the first time, and the victims are trying to recover from damage by paying the amount of damage to some victims and not wanting to be punished by the defendant.

The Defendant has no record of criminal punishment exceeding a fine prior to each of the instant crimes.

In addition, in full view of all the sentencing conditions in this case, including the defendant's age, character and conduct, family relationship, motive and attitude of the crime, and circumstances after the crime, the sentence imposed by the court below 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 following is ruled again after pleading.

【Reasons for the judgment of multiple times】 Except for deletion of “the details of withdrawal transactions” in Section 19 of the judgment of the court below on the facts constituting a crime and summary of evidence, it is identical to the corresponding column of the judgment of the court below. Thus, it shall be quoted as it is in accordance with Article

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, Articles 356 and 355(1) of the Criminal Act, each of the choice of punishment for the crime;

1. Aggravation for concurrent crimes;