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(영문) 제주지방법원 2020.05.21 2020노154
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Each of the crimes of this case in light of the method and frequency of the crime, the number of victims, etc., and the defendant did not receive suspicion from the victims.

However, in full view of all the sentencing conditions in the instant case, including the Defendant’s age, character and conduct, motive and attitude of the crime, and circumstances after the crime, it is deemed that the sentence imposed by the lower court is too unreasonable, considering the following: (a) the Defendant has no record of criminal punishment prior to the instant case; (b) the Defendant’s seizure of damaged goods equivalent to KRW 6050,000 from the Defendant and the return to the victims have recovered from considerable damages; and (c) the Defendant’s age

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

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Articles 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 347-2 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of stolen cards, including points of use of stolen cards), and each choice of imprisonment with prison labor;

1. Of concurrent offenders, the punishment as set forth in the order shall be determined on the grounds of the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Criminal Act, for the same reasons as the above-mentioned reasons for appeal.

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