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(영문) 대전지방법원 2020.01.16 2019노2902
사기미수
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The lower court found the Defendant guilty of attempted fraud, which was included in the charges of this case, and sentenced the Defendant to one year’s imprisonment with prison labor, and found the Defendant not guilty of the facts charged of this case.

As to this, only the defendant appealed on the ground of an unreasonable sentencing on the guilty portion. In such a case, according to the indivisible principle of appeal, the acquittal portion on the ground is also judged in the trial together with the guilty portion, but the acquittal portion on the ground is already excluded from the object of attack and defense between the parties and the defendant in fact.

(2) As seen below, the lower court’s judgment should also be determined on the part of acquittal in the reasoning of the lower judgment inasmuch as the Defendant’s appeal is accepted and the lower judgment is reversed as follows. However, it is clearly stated that the foregoing part is based on the conclusion of the lower judgment.

2. The summary of the grounds for appeal: The punishment imposed by the lower court (one year of imprisonment) is too unreasonable.

3. The instant crime is related to the so-called so-called “Sing” crime, which is planned and organized against many and unspecified persons and which is booms a large number of victims, and the nature of the crime is bad, and its social harm is also serious.

These circumstances are disadvantageous to the defendant.

However, the circumstances, such as the fact that the defendant made confessions of all of the crimes of this case and is in violation of depth, the defendant received a letter from the victim at the court below, the crime of this case appears not to be a conclusive intentional but to be an intentional crime, and there is no record of criminal punishment heavier than a fine, are favorable to the defendant.

In addition, the defendant's age, occupation, character and conduct, environment, family relationship, and motive, background, and means of the crime of this case.

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