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(영문) 창원지방법원 2019.10.02 2019노1241
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. In light of the facts that the Defendant agreed with the victim B, I, U, Z, and all victims do not want to be punished against the Defendant in the appellate trial by agreement with the victim R and V, and that there is no record of punishment or a record of punishment exceeding the fine in the same kind of crime, the lower court’s punishment is too unreasonable in light of the circumstances that the Defendant’s crime was committed in light of the number of times and methods of the crime, and the contents of the deception, etc. in light of the following factors: (a) the Defendant’s age, character and behavior, environment, circumstances leading to the crime, means and consequence; and (b) the sentence of the lower court is too unreasonable when comprehensively considering the sentencing conditions such as the Defendant’s age, character and behavior, circumstances leading to

Therefore, the defendant's argument is justified.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence admitted by the appellate court and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the relevant Criminal Code for the crime, Article 231 of the Criminal Code, Articles 234 and 231 of the Criminal Code, Articles 234 and 231 of the Criminal Code, the choice of imprisonment for a crime

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Aggravation of Concurrent Crimes Act are as stated in the judgment on the allegation of unfair sentencing on the grounds of sentencing.

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