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(영문) 춘천지방법원 강릉지원 2019.08.22 2019노212
사기
Text

The judgment of the court below is reversed.

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

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Defendant posted a letter of sale of used goods on the Internet, thereby committing the instant crime against many unspecified victims, and the extent of damage is small, planned and defective, the Defendant has been punished several times of committing the instant crime, and the Defendant committed the instant crime in an intensive manner within the next short period without being aware of the fact that he/she had been well aware of the fact that he/she committed the instant crime without being aware of the fact that he/she had been punished several times of committing the same kind of crime, and that the Defendant is highly likely to criticize the instant crime for the purpose of preparing gambling funds and entertainment expenses, etc.

On the other hand, the circumstances favorable to the defendant are recognized, such as the defendant's attempt to commit the instant crime and reflects the mistake, the defendant made efforts to pay damages to the court up to the trial, and the amount of damages seems to have been fully recovered except for the total amount of damages.

In addition, considering the various sentencing conditions shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, the lower court’s punishment seems to be too unreasonable.

3. As such, the defendant's appeal on unfair sentencing is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

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

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