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(영문) 서울남부지방법원 2020.08.25 2020노782
사기미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

1. Summary of the grounds for appeal: Imprisonment with prison labor for not less than two years and six months, and confiscation; and

2. The Defendant’s crime of this case is a crime of Bosing for many and unspecified persons, the nature of the crime is inferior, the degree of the Defendant’s participation is not weak, and the damage is not recovered.

However, in full view of the various circumstances indicated in the pleadings of the instant case, including the fact that the Defendant recognized the instant crime, the fact that the Defendant seems to have not been well aware of the details of the instant crime, and the fact that the profit earned by the Defendant out of the amount of damage appears to be a very small amount, the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(3) Article 369 of the Criminal Procedure Act provides that a public prosecutor’s appeal shall not be dismissed, as long as the defendant's assertion of unreasonable sentencing is accepted. [Judgment in multiple application] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the description in each corresponding column of the judgment of the court below, and thus, this shall be

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 352, 347(1), and 30 of the Criminal Act, Articles 347(1), and 30 of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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