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(영문) 의정부지방법원 2019.11.28 2019노210

사기등

Text

The judgment below

Part 1, 3, and 4 of the judgment shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The judgment below

(2).

Reasons

1. The summary of the grounds for appeal is subject to the sentencing (two years and four months in prison and two months in prison with respect to the crimes of Nos. 1, 3 and 4 in the judgment of the court below and the judgment of the court below);

2. Judgment on the grounds for appeal by the defendant

A. The first, third, and fourth crimes in the judgment, the defendant was punished for the same kind of crime, and the fact that the defendant committed each of the crimes in this case during the period of probation, and the total amount of the money obtained by deception and embezzlement of each of the crimes in this case is considerable, etc., which are disadvantageous to the defendant, or the defendant is against the defendant's consent to all of the crimes in this case, and the part of the amount of damage caused by each of the crimes in this case was paid, as well as the fact that the defendant reached an agreement with N, which is the victim of the crimes in this case, was considered as favorable in light of the above circumstances, such as the defendant's age, character, character, environment, health condition, motive and circumstance of the crime, means and method of the crime in this case and the circumstances after the crime, etc., it is determined that the punishment of the court below as to this part is inappropriate.

B. On the other hand, the part concerning the second crime in the judgment, and the grounds for unfair sentencing alleged by the defendant on this part are already considered in determining the punishment by the court below, and the punishment by the court below determined accordingly is within the discretionary scope and appropriate.

In addition, there is no reason to judge that the sentencing conditions have changed in the trial.

Therefore, the defendant does not accept the defendant's allegation of unfair sentencing on this part.

3. If so, the defendant's appeal as to the first, third, and fourth crimes in the judgment of the court below is with merit. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, it shall be reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal as to the second crimes in the judgment of the court below shall be dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and

Part 1, 3, and 4 of the judgment.