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(영문) 수원지방법원 2020.12.03 2020노5122
사기
Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. Determination of the instant crime is not appropriate in light of the amount of damage, method of commission of crime, etc.

However, the defendant recognized all of his mistake, and again, did not interfere with such mistake, and the court below agreed with the victim B, and the remaining victims G were paid the full amount of damage and agreed in the trial.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence, etc., and the circumstances after the offense, the lower court’s sentencing is too unreasonable.

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.

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

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively including victim G) and the choice of imprisonment for the crime;

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

1. The sentence shall be determined as ordered prior to the grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2

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