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(영문) 서울남부지방법원 2019.03.28 2018노2150
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and ten months.

Items 1 through 5 of seized evidence.

Reasons

1. The summary of the grounds for appeal (in both cases of unfair sentencing) by the lower court (two years of imprisonment, confiscation) is too minor or unreasonable.

2. The criminal defendant's participation in the judgment is highly necessary to punish the criminal defendant even if he/she was in charge of certain acts of implementation as a serious crime of serious social harm, such as causing damage to an unspecified number of unspecified victims in a planned and systematic manner.

However, the Defendant is seriously against the crime of this case, and the profits acquired by the crime of this case are not significant.

There is no criminal power against the defendant, and there is an agreement with the victim B in the trial, and the victim B does not want the punishment of the defendant.

Considering these circumstances, the sentence of the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(Public prosecutor’s appeal is without merit, but the original judgment is accepted by the defendant and reversed, and thus, the public prosecutor’s appeal is not dismissed in the disposition). [Judgment in multiple times] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by this court, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 231 and 30 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 34 and 231 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Articles 352, 347 (1), and 30 of the Criminal Act, Articles 352, 347 (1), and 30 of the Criminal Act, the choice of imprisonment for each of the following crimes:

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 32(1)3 and (2) and Article 25(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits by which an application for compensation is dismissed;

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