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(영문) 울산지방법원 2020.05.21 2019노640

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. After the issuance of the judgment of the court below, the defendant prepared a written agreement that the victim does not want punishment against the defendant by mutual agreement with the victim D association of the crime of fraud.

Considering the above reasons and the conditions of sentencing that the court below stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below is too unreasonable because it is too unreasonable.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court and summary of evidence are as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;

1. Determination of a suspended sentence under Article 62(1) of the Criminal Act (i.e., circumstances favorable to the defendant, such as agreement with the victim) shall be made by taking into account the reasons for reversal of sentencing and all the conditions of sentencing recorded in