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(영문) 대전지방법원 2020.02.05 2019노2569
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (a year of imprisonment) of the lower court is deemed to be too unhued and unfair.

B. The lower court’s sentence is too unreasonable as the Defendant (e.g., the Defendant’s punishment) is too unreasonable.

2. Determination of unfair sentencing by the public prosecutor and the defendant are also examined.

In light of the background and method of the crime, etc., most of the damage amount has not been recovered even though the crime was committed after each of the crimes in this case, and the victim J want to escape the severe punishment of the defendant, etc. are disadvantageous to the defendant.

However, in light of the following facts: (a) the Defendant recognized the Defendant’s mistake in the course of the trial; (b) there is no other criminal records other than a fine prior to and one time; (c) the Defendant agreed with the victim C at the time of the trial; (d) the Defendant deposited a certain amount of money to recover damage; (b) the Defendant’s nominal owner of the crime of forging private document wanted to have the Defendant’s wife against the Defendant; and (c) the Defendant’s claim for the return of the construction price to the Defendant was transferred to a third party; and (d) the Defendant’s claim for the return of the construction price against the Defendant was transferred to the third party, it is favorable for the Defendant; and (e) the sentence imposed by the lower court is unreasonable.

3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered after pleading.

(No prosecutor’s appeal is with merit, but the prosecutor’s appeal shall not be dismissed in the order of the court below unless the defendant’s appeal is accepted and the judgment of the court below is reversed). The summary of facts constituting a crime and evidence recognized by the court is "1. Partial statement of the defendant" in the summary of the evidence of the court below.

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