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(영문) 인천지방법원 2021.01.22 2020노4065
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and six months) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. The judgment of the court below is not only organized and sealed by the method of the crime, but also it is necessary to strictize the society of the society. The defendant's act of collecting and delivering cash, etc. shared by the defendant, is an act of execution essential for the criminal act of Bosing, and it is heavier than the defendant's responsibility for the crime.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant appears to have recognized the crime of this case, the fact that the defendant paid damages to the victims and agreed with all the victims, the fact that the defendant was the first offender, the defendant's age, the fact that the defendant's family members and branch members want to use the defendant's prior domicile, and the overall consideration of various sentencing conditions specified in the records and arguments, including the defendant's character and conduct, the environment, and the circumstances after the crime, the court below's punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the decision shall be rendered again after pleading as follows (in the event the appeal by the prosecutor is groundless, but the appeal by the defendant is accepted and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed separately in the order). 【The judgment which is again used 【the criminal facts and the summary of evidence recognized by the court in this case are the same as the corresponding column of the judgment of the court below

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning criminal facts, the choice of punishment (a fraudulent point), Articles 352, 347(1), and 30 (a) of the Criminal Act, and each choice of imprisonment.

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