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(영문) 대구지방법원 2021.01.14 2020노3863
사기
Text

The judgment of the court below is reversed.

The crimes of paragraph (1) of the judgment of the defendant shall be punished by imprisonment with prison labor for not less than two months, and the crimes of paragraph (2) of the judgment.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the crime of paragraph 1 of the decision: imprisonment with prison labor for three months and imprisonment for four months) is too unreasonable.

2. The judgment of the defendant committed the crime of Paragraph 1 of the same Article, which was held in only three months after release without being aware of a repeated crime due to the same crime, and committed the crime of Paragraph 2 of the same Article, which was held again during the period of the suspension of the execution of two imprisonment for the same crime, and the defendant has a number of criminal punishment for the same crime.

However, the Defendant recognized all the facts charged in this case and agreed with the victim of the crime No. 1 in the judgment of the Defendant, and agreed with the victim of the crime No. 2 in the judgment of the first instance. Each of the crimes in this case must be determined in consideration of equity with the case where each of the crimes in this case becomes final and conclusive at the same time as the crime in each of the crimes in this case, and taking into account all the sentencing conditions of the instant records and arguments, such as the Defendant’s age, sexual conduct, environment, family relationship, circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is reasonable.

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 defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (including each victim) and Article 35 of the Aggravationd Criminal Act (as to the crimes of paragraph (1) of the judgment below), Article 37 of the Criminal Act concerning the concurrent crimes: Provided, That Article 39(1) of the Aggravationd Criminal Act is applicable;

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