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(영문) 인천지방법원 2020.01.16 2019노3369
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. Although the amount obtained by the Defendant from the victim is not a large amount, if comprehensively considering the following factors: (a) the Defendant did not want the Defendant’s punishment by agreement with the victim after the judgment of the court below; (b) the Defendant did not have any record of having been sentenced to a fine exceeding the Defendant; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) all sentencing conditions as shown in the pleadings until the Defendant was tried at the trial, such as the circumstances after the crime

Therefore, the defendant's assertion of unfair sentencing is justified.

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.

【The reasons for the judgment of multiple times】 The facts constituting the crime and the summary of the evidence recognized by the court, as well as the summary of the evidence, are the same as the stated in each corresponding column of the reasoning of the judgment below, and thus, they shall be quoted in accordance with Article 3

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of the provisional payment order shall be determined as ordered in consideration of the various circumstances as seen earlier.

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