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(영문) 인천지방법원 2020.05.15 2019노4004
사기
Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment of the defendant committed the instant crime without being among persons during the period of suspension of execution due to the same criminal act, and the fact that the total amount of damage from the instant crime exceeds 46 million won, etc. is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc., the court below's sentence is somewhat weak, in full view of the following factors: (a) the defendant appears to recognize the entire crime of this case; (b) the victim G and H are satisfied each of 5 million won in the trial; and (c) the victim's repayment of 550,000 won to the victim D, G, and 3.6 million won in additional repayment to the victim H following the agreement; and (c) the defendant additionally repaid the victim D after the agreement.

It is judged that it is too unreasonable rather than that.

Therefore, the prosecutor's argument of unfair sentencing is without merit, and the defendant's argument of unfair sentencing is justified.

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

(A) Although the appeal by a prosecutor is without merit, it shall not be dismissed separately from the disposition of the court below inasmuch as the appeal by the defendant is accepted, and the judgment of the court below is reversed. [Reasons for the judgment of multiple times] Criminal facts and summary of evidence recognized by the court and summary of evidence are the same as stated in the corresponding column of the judgment of the court below, and thus, it shall

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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