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(영문) 수원지방법원 2020.10.30 2020노4404
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. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. In full view of the arguments of this case and the reasons for sentencing indicated in the records, such as age, happiness, environment, and social ties of the defendant, the lower court’s punishment seems to be unreasonable, as it appears that the defendant’s argument of unfair sentencing is unreasonable, on the grounds that the defendant’s punishment is unreasonable, including the fact that the victim does not want criminal punishment by agreement with the victim when the defendant was raised in the trial, that the defendant did not have criminal records imposed a fine in excess of the defendant, and that the defendant reflects the defendant’

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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