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(영문) 인천지방법원 2018.07.06 2018노1282
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment with prison labor) is too unreasonable.

2. Each of the crimes of this case, which is subject to determination, is not less than that of the crime in light of the method, frequency, amount of damage, etc.

Although the Defendant was punished several times due to a violation of the Labor Standards Act, there is no evidence to acknowledge that the Defendant again committed a crime of violating the Labor Standards Act in this case, and subsequently, paid unpaid wages.

However, the Defendant made a confession of all the crimes of this case for the first time, and made a misunderstanding in depth.

In the first instance, the defendant agreed to the victim E and I in fraud, and the victims do not want the punishment of the defendant.

There is no criminal record of fraud against the defendant.

The defendant has been living in prison for a certain period of time against the defendant.

In full view of the aforementioned circumstances, Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable, as it appears that the sentence is too unreasonable. Thus, Defendant’s assertion is with merit.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraudulent point), Articles 109(1) and 36 of the Labor Standards Act (the point of payment of wages), and the choice of imprisonment for a crime;

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

1. Article 62(1) of the Criminal Act (amended by Presidential Decree No. 1060, Jan. 1, 2001) (amended by Presidential Decree No. 2011

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