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(영문) 의정부지방법원 2020.02.13 2019노2370
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of the grounds for appeal and the sentencing of each of them (one year in each case);

2. In full view of the circumstances that are disadvantageous to the Defendants, or the fact that the amount of damage caused by the instant crime was a large amount of damage, etc., the Defendants acknowledged all the instant crimes when they were judged to be disadvantageous to the Defendants; the victim expressed his intention not to punish in the trial; the fact that there was no record of punishment for the same kind of crime; and other favorable circumstances, such as the Defendants’ age, character and conduct, environment, health conditions, motive and background of the instant crime, means and method of the crime; and other circumstances that are conditions for the pleadings and the sentencing indicated in the record, such as the circumstances after the crime, are deemed unfair.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is ruled as follows.

[Discied reasoning of the judgment below] The summary of facts constituting an offense and evidence admitted by this court is as follows. The summary of the evidence is identical to the description of the judgment below in addition to changing the Defendants’ respective court statements “1. The Defendants’ respective court statements” to “1. The Defendants’ respective court statements” under Article 369 of the Criminal Procedure Act. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (2) and (1) and 30 of the Criminal Act concerning the selection of criminal facts; and

1. The sentencing of Article 62(1) of the Criminal Act prior to the suspended sentence shall be determined as ordered in consideration of the various circumstances.

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