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(영문) 의정부지방법원 2020.09.25 2019노3626
사기
Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination is an unfavorable circumstance, where the Defendant filed an application for withdrawal on the day when the Defendant received a check from the victims, and the Defendant appears to have committed each of the crimes of this case by conclusive intentional act, such as filing an application for individual rehabilitation, and the amount of damage is high.

However, it is more favorable for the defendant to recognize the crime of this case and reflects the wrongness, the defendant to pay part of the amount of damage to the victims in the trial of the party, and the victims do not want the punishment for the defendant, there is no record of punishment for the same crime, and there is a family to support the defendant.

In full view of such circumstances and the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and various conditions of sentencing as indicated in the instant records and arguments, the lower court’s punishment was too unreasonable as it changed the sentencing conditions in the trial.

Therefore, the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.

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

(A) Although the appeal by the prosecutor is without merit, it shall not be dismissed separately from the disposition of the court below, unless the appeal by the defendant is accepted and the judgment of the court below is reversed). [The reasons for the judgment of the court below] The summary of criminal facts and evidence acknowledged by this court shall be "1. Part of the protocol of interrogation of the police suspect against the defendant in the interrogation of the defendant in the interrogation of the defendant in the interrogation of the defendant in the interrogation of the defendant in the interrogation of the suspect in the interrogation of the defendant in the interrogation of the defendant in the interrogation of the defendant in the interrogation of the defendant in the interrogation of the defendant in the first

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