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(영문) 서울중앙지방법원 2020.09.18 2020노896
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

The Defendant appealed to the effect that the lower court’s imprisonment (two years of imprisonment) is heavy.

The defendant recognized a mistake in the past, is in depth divided, and efforts are made to reach an agreement.

The punishment of the court below is somewhat heavy considering the relationship between the defendant and the victim, the circumstances of the crime, and the family relationship of the defendant.

Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed, and it is again decided as follows.

Criminal facts

Except for the addition of “legal statement of the accused” to the summary of the evidence and the summary of the evidence, it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

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