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(영문) 서울서부지방법원 2018.11.08 2018노983
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The sentence of the lower court (two years of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The judgment of the court below is a crime committed against an unspecified number of victims in a planned and organized manner and causing damage that is practically difficult to recover to the victims. Since the Act on the Punishment of Crimes is intelligent and widely spreads to the unspecified number of victims without discrimination, it is essential to punish a strict punishment for eradicating the crime, regardless of the degree of participation, and it is essential to do so. The defendant's co-defendants of the court below proposed the so-called "frighting" to the defendant, thereby participating in the crime of this case. The defendant was subject to a fine of this case. However, the defendant's family members want to recover all damages to the victim and agreed with the victim, and the defendant's family members want to take advantage of the defendant's age, sex, environment, circumstances leading to the crime, motive leading to the crime, circumstances before and after the crime, and all other circumstances that led to the records and changes in the punishment of this case are unfair.

Therefore, we accept the defendant's argument.

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 with merit, and the judgment below is ruled again after pleading as follows.

【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court are all identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The pertinent Article of the Criminal Act and Articles 347(1) and 30 of the Criminal Act regarding criminal facts (the choice of imprisonment) are considered in the determination of the grounds for the aforementioned appeal.

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