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(영문) 청주지방법원 2020.01.30 2019노1714
사기
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (five months of imprisonment) by the lower court is too unreasonable.

2. The judgment is based on the following facts: (a) although the Defendant obtained a large amount of money of KRW 31 million from the victim B, it cannot be deemed that the damage still has not yet been recovered even though the Defendant obtained a little amount of money from the victim B; (b) however, the Defendant is deemed unfair by taking into account all the sentencing conditions of the instant records and arguments, such as the Defendant’s age, character, family environment, motive, means and consequence of the commission of the crime, and circumstances after the commission of the crime, in light of the fact that all the facts of each of the instant crimes, which were partially denied at the lower court, were committed in the first instance trial with no criminal record, and the Defendant was in violation of the depth of the mistake; and (c) the said victim was not punished by the Defendant by mutual agreement with other victims E.

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

【Grounds for the Judgment of the court below which has been written] The facts constituting a crime and the summary of evidence recognized by the court of this court and the summary of the evidence are as stated in the corresponding column of the judgment below, except where the court below's partial statement of the defendant 1 is deemed to be "1. The defendant's oral statement of the court of first instance" as "the defendant's oral statement of the court of first instance". Thus, it shall be quoted

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

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