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(영문) 서울북부지방법원 2018.01.25 2017노2285
사기등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and two months.

Nos. 1 to 4, 7.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s respective punishment (three years of imprisonment, confiscation) imposed on the Defendants is deemed to be too unreasonable.

B. The lower court’s judgment is so unfair that each of the above types of punishment, which the lower court committed against the Defendants, is too unfluent.

2. Under the judgment on the grounds of appeal, each of the Defendants and the prosecutor’s arguments against the Defendants are examined together.

The criminal act committed by the Defendants is a crime that causes damage to an unspecified number of unspecified victims in a planned and organized manner, and is disadvantageous to the Defendants, such as the nature of the crime is very serious.

However, in full view of the fact that the Defendants were faced with victims during the trial and agreed to recover the victims' damage, the Defendants were the first offender, and all other sentencing circumstances in the records and arguments, such as the Defendants' age, sexual conduct, environment, motive and circumstance of the crime, means and consequence, etc., each punishment that the lower court sentenced to the Defendants is too unreasonable.

Therefore, all of the defendants' arguments are justified, and each of the defendants' arguments against the prosecutor is without merit.

3. In conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the Defendants shall be again decided as follows (as long as the judgment of the court below is accepted by the Defendants’ appeal and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed in its order). [The grounds for re-written judgment] Criminal facts and the summary of evidence acknowledged by the court and the summary of evidence are the same as that of the judgment of the court below, and thus, they shall be cited as it is in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act for the pertinent criminal facts, the choice of punishment, and Article 229 of the Criminal Act for each type of crime.

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