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(영문) 서울중앙지방법원 2020.01.09 2019노3098
사기등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

(b).

Reasons

1. The summary of the grounds for appeal (e.g., the two-year imprisonment with labor for the defendant A, and the one-year imprisonment with labor for the defendant B) is too unreasonable.

2. The judgment of the court below is necessary in light of its social harm and injury.

After entering Malaysia to commit the instant crime, the Defendants immediately committed the instant crime according to the instructions of the persons who have failed to receive the name, and the amount of damage is also reasonable.

However, in the case of Defendant B, the four-year old children are supported, and there are favorable circumstances such as the agreement with three of the four victims involved.

Considering the above circumstances and other conditions of sentencing as shown in the records and arguments of this case, such as the Defendants’ age, character and conduct, environment, background of the crime of this case, and circumstances after the crime, the lower court’s punishment against Defendant A is deemed to be within a reasonable scope, but the lower court’s punishment against Defendant B is somewhat unreasonable.

Defendant

A’s assertion is without merit, and Defendant B’s assertion is with merit.

3. Conclusion, Defendant A’s appeal is groundless and thus, Defendant A’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act.

Defendant

Since the appeal filed by B is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal filed by B is again decided as follows.

【Reasons for the Judgment of the Supreme Court (Defendant B)】 as stated in the separate column of facts constituting a crime and the summary of evidence

Application of Statutes

1. Articles 347(1) and 30 of the Criminal Act, Articles 350(1) and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. We examine the reasons for the reversal of sentencing under Article 62(1) of the Criminal Act (the foregoing circumstances favorable to the reasons for reversal).

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