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(영문) 청주지방법원 2020.02.06 2019노1615

사기

Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (five months of imprisonment) is too unreasonable.

On January 30, 2020, the Defendant asserted as the reason for appeal from the 6th trial of this Court on January 30, 2020, which was accepted by the Appellate Court prior to remand, but explicitly withdrawn the allegation of mistake that was not supported by the Appellate Court.

B. The lower court’s above sentence is too unhued and unreasonable.

2. We examine the judgment of the court below. The defendant committed the crime of this case which was denied by the court below prior to the remanding of the court below and the court below. On January 14, 2020, the victim was not punished against the defendant by unanimous agreement with the victim E. The defendant who committed the crime of this case, even though the defendant who had the record of criminal punishment due to the same kind of fraud, etc. committed the crime of this case, but was not guilty in light of the contents and degree of deception, etc., the above circumstances constitute a new change of circumstances that should be viewed differently from the court below in determining the sentencing of the defendant.

In addition, taking into account the following factors: the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the sentence imposed by the lower court shall be mitigated.

It is recognized that it is too unreasonable rather than that.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is delivered

(3) The court below's decision on the ground that the defendant's appeal is accepted and the judgment of the court below is reversed shall not be dismissed separately). (In addition to the case where the defendant's appeal is accepted and the summary of criminal facts and evidence is recognized by the court, the summary of the facts constituting the crime and the summary of the evidence is added "1. The defendant's oral statement" to the summary of the evidence.