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(영문) 수원지방법원 2020.09.25 2020노2989

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. In full view of the arguments in this case and the reasons for sentencing indicated in the record, such as the age, happiness, environment, and social relation of the defendant, including the fact that the defendant was in a trial for the first time and agreed with the victim that the victim does not want criminal punishment, that the defendant has no record of punishment in excess of the same kind and fine, and that the defendant recognized his mistake and reflects the defendant, etc., the court below's punishment seems to be unreasonable. Thus, the defendant's assertion of unfair sentencing

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are quoted as they are 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;