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(영문) 수원지방법원 2020.12.16 2020노5093
사기등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

No. 1 of the seized evidence.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, confiscation) imposed by the court below is unreasonable.

2. The Defendant took part in the crime as a means of collecting and conveying the singishing crime.

It is inevitable to impose severe punishment because the crime of Bosing consists of organized and planned crimes against many unspecified victims and its social harm is serious.

However, considering the fact that the defendant fully acknowledges the crime of this case and there is no record of criminal punishment in addition to the punishment once by the crime of this case, and the family members suffering from serious illness and young children should support them, the amount of damage, the background of the crime of this case, the age, character and conduct of the defendant, the environment, and the circumstances after the crime of this case, the punishment of the court below is heavy.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act, Articles 319(1) and 30 of the Criminal Act, Articles 319(1) and 30 of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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