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(영문) 수원지방법원 2020.08.28 2020노3158
사기미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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 in this case and the reasons for sentencing indicated in the records, such as the defendant's age, character, environment, and social relationship, including the fact that the defendant was in a trial for the defendant, and the victim did not want criminal punishment by mutual consent with the victim, that the defendant reflects the defendant's wrong by living under custody for about four months, that the crime was committed in an attempted attempt, and that the defendant did not have any record of punishment for the same kind of crime, etc., the court below's punishment seems to be unreasonable, and therefore, the defendant's allegation of unfair

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. Article 352 of the Criminal Act and Articles 352, 347 (1), and 30 of the Criminal Act concerning the crime, Articles 62 (1) of the Criminal Act concerning the selection of criminal facts, suspension of execution of choice of imprisonment;

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