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(영문) 수원지방법원 2020.12.23 2020노4363
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The summary of the grounds for appeal (three years of imprisonment) by the lower court is unreasonable.

2. The Defendant again committed the special larceny of this case during the period of repeated crime due to special larceny, etc., and took part in the crime by collecting and delivering the singishing crime.

However, in light of the following factors: the Defendant recognized all of the instant thief crimes; voluntarily surrenders to the Defendant, agreed with the victim; actively made statements to investigative agencies as to the thalphishing crimes; the circumstances after the instant crime; the balance with other accomplices; the Defendant’s age, character and conduct, and environment; and various sentencing conditions indicated in the records of the instant case, such as the background of the instant crime; the circumstances after the instant crime; the balance with other accomplices; and the Defendant

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. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act that applies to the relevant criminal facts, the choice of punishment, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 331(2) and Article 331(1) of the Criminal Act among repeated criminal offenders under Article 35 of the Criminal Act, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among repeated criminal offenders under Article 35 of the Criminal Act;

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