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(영문) 인천지방법원 2020.11.05 2020노1874
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

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, and each prosecutor appealed on the grounds that the lower court’s punishment is too uneasible and unreasonable.

2. The court below's punishment is somewhat inappropriate in full view of the following circumstances: although the defendant's liability for the crime of this case is not minor in light of the background, method, amount of damage, etc. of the crime of this case; however, the defendant recognized the crime of this case for the last time in the last time; the defendant partially repaid the amount of damage to the victim in the trial and did not want the victim's punishment by agreement; the defendant does not have the record of punishment for the same crime; and the defendant does not have the record of punishment for the same crime; and other circumstances, such as the defendant's age, character, character, environment, motive, means and consequence of the crime, etc. after the crime, which are conditions for sentencing

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

3. Thus, 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 reasonable (as long as the judgment of the court below is accepted and reversed, the prosecutor's appeal is not dismissed separately), and the defendant's appeal is again

[C] The summary of facts constituting an offense and evidence admitted by this court is as follows: Article 369 of the Criminal Procedure Act provides that “The summary of evidence” in Section 2 of the judgment of the court below is the same as the corresponding column of the judgment of the court below, except where “the defendant’s partial statement” is deemed as “the defendant’s oral statement in the court room.”

Application of Statutes

1. The punishment as ordered shall be determined, taking into account the various circumstances as seen earlier prior to the reasons for sentencing under Article 347(1) of the Criminal Act, the pertinent provision of criminal facts, Article 347(1) of the Criminal Act, and Article 62(1) of the

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