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(영문) 춘천지방법원 2020.10.14 2020노445
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

Summary of Grounds for Appeal

The punishment of the court below (three years of imprisonment) is too unreasonable.

2. The judgment defendant has many records of punishment for the same kind of crime, and committed the crime of this case during the same repeated crime period.

There was no agreement with the victims.

However, the defendant recognizes a crime, and is against himself.

The total amount of damage caused by the crime is not a relatively large amount of 2.16 million won, but a part of the crime was attempted, and a part of the damage was repaid.

The defendant seems to have committed the crime of this case due to economic lack.

In full view of such circumstances as the defendant's age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the court below against the defendant is deemed unfair.

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 ruled as follows

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

Application of Statutes

1. Relevant Articles 347(1) and 352 of the Criminal Act, Articles 347(1) and 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent offenders, prior to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, a number of circumstances examined in the part on the Defendant’s assertion of unfair sentencing prior to the sentencing are equally considered and the sentence is determined as ordered.

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