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(영문) 수원지방법원 2019.04.26 2019노571
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.

2. In full view of the fact that the defendant's error was recognized and reflected in the judgment of the court when it comes to the trial, and that the profit acquired through the crime of this case is deemed not to belong to the whole defendant, and other reasons for sentencing as indicated in the arguments and records of this case, including the defendant's age, power, and family form, the punishment sentenced by the court below is deemed to be unreasonable, and thus, the defendant's argument

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

[Reason] The summary of the facts constituting an offense and evidence admitted by the court is to correct the part of the judgment below 15-16 of the first instance court's order among the facts constituting an offense, "to extend additional amounts, and to change the amount of KRW 20 million in return," which "in addition, to increase the amount of KRW 20 million, the amount of operating funds 20 million in the collection of earth and rocks shall be changed." As stated in the facts charged in the indictment, to the extent that the identity of basic facts among the facts charged as stated in the indictment is recognized and it does not disadvantage the defendant's right to defense, and to recognize the facts constituting an offense by correcting

In the summary of the evidence, the phrase “part of the defendant’s court statement” is the same as the corresponding column of the judgment of the court below, except when changing the “court statement of the defendant to the “court statement of the defendant” as “court statement of the defendant.” As such, it

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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