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(영문) 서울중앙지방법원 2020.04.17 2019노3824

사기

Text

The judgment below

Part concerning Defendant A, B, C, and I among them shall be reversed.

Defendant

A Imprisonment for two years, and Defendant B, for two years.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the court below to the above Defendants A, B, and C (the imprisonment of two years and six months for each of the Defendants, and the imprisonment of one year and six months for each of the Defendants C) is too unreasonable.

B. Defendant D and E (Non-Submission of the Reasons for Appeal) filed an appeal against the lower judgment on November 22, 2019, and received each written notification of the receipt of the trial record on December 12, 2019 and January 5, 2020, but did not submit the Reasons for Appeal within 20 days from the date the appeal was filed. Moreover, the grounds for appeal cannot be found ex officio after examining the record.

Therefore, the appeal by the above Defendants should be dismissed by decision under Article 361-4(1) of the Criminal Procedure Act. However, as long as the public prosecutor rendered a judgment on the appeal against the above Defendants, the dismissal of appeal should not be separately decided and the judgment should be rendered concurrently.

C. Each sentence sentenced by the court below to the defendants (defendant A and B; two years and six months of imprisonment; Defendant D and E; one year and one year and six months of imprisonment; one year and one year of probation; two years of community service; one year of probation; one year of probation in April; two years of probation in October; two years of probation in community service; eight hours in community service; and Defendant I: three million won in October; and three million won in case of a fine) shall be too unreasonable; and evidence Nos. 2 (BM520d; hereinafter referred to as the "vehicle") shall be confiscated from Defendant C with the articles provided for the crime.

2. Determination:

A. Defendant A, B, and C agreed with three victims in the trial, and most property damage was recovered in relation to the prosecuted crime; the method and duration of the crime; the method and degree of participation; the sentencing cases of similar cases; the crime proceeds using the real name account easily discovered; and other factors of sentencing indicated in the pleadings, including the above Defendants’ age, character and conduct, and the circumstances after the crime, are considered to be disadvantageous to the judgment of the court below.