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(영문) 수원지방법원 2020.12.16 2020노4337
사기
Text

The judgment of the court below is reversed.

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

Reasons

1. The punishment sentenced by the court below (two years of imprisonment) shall be unlimited and unfair.

2. The Defendants participated in the crime as a role of monitoring the withdrawal of the singishing crime.

It is inevitable to impose severe punishment because the crime of Bosing consists of organized and planned crimes against many unspecified victims and its social harm is serious.

The amount of damage is also large.

However, the Defendants recognized all of the instant crimes, and Defendant A did not have the history of criminal punishment in addition to a fine imposed once, and Defendant B did not have the history of criminal punishment. Defendant B appears to have commenced the instant crime at C’s request with social experience as an adult at the time of the instant crime, and without full maturity of thinking and judgment. In addition, taking into account various sentencing conditions as indicated in the instant records, such as the background of the instant crime, the Defendants’ character and conduct, environment, conditions after the instant crime, balance of sentencing with other accomplices, etc., the lower court should be deemed to have heavy punishment, taking into account the following factors: (a) the instant crime was committed; and (b) the Defendants were deemed to have been punished.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

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