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(영문) 수원지방법원 2019.11.29 2019노5488
사기
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.

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) by the lower court (e., one year and six months) is too unreasonable.

2. In full view of the arguments in this case and the reasons for sentencing indicated in the record, such as the following facts: (a) the Defendant led to the trial for the first time, and led to the Defendant to commit the crime in this case; (b) the Defendant made a confession of the crime in this case in excess of two months; and (c) the Defendant reflects the wrongness by living in custody; and (d) the victim paid the damaged amount to the victim, and then the victim does not want to be punished by agreement with the victim; and

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

【The reasoning of the judgment of the court below which has been written 【The facts constituting a crime and the summary of the evidence admitted by the court below,” and the summary of the evidence, other than changing “the Defendant’s partial statement of 1.1 in court room” to “the Defendant’s oral statement of 1.1 in court room,” are as stated in each corresponding column of the judgment of the court below. As such,

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

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

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