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(영문) 수원지방법원 2020.09.23 2020노3579
사기
Text

The judgment of the court below is reversed.

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

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination of the facts that the amount of damage to the instant crime exceeds KRW 100 million, and that the Defendant was punished for the same kind of crime is disadvantageous.

However, in full view of the favorable circumstances such as the Defendant’s confession of all of the instant crimes and reflects his mistake in depth, the fact that the Defendant agreed with the victim, and the fact that there was no record of punishment exceeding the fine, and other circumstances such as the motive, circumstance, means and method of the instant crime, the circumstances before and after the instant crime, and the Defendant’s age, character, behavior, career, and environment, the lower court’s punishment is deemed to be heavy.

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.

(No prosecutor’s appeal shall be dismissed separately from the disposition of the court below, unless the defendant’s appeal is well-grounded, but the judgment of the court below is accepted and reversed). [Reasons for the judgment of the court below] The summary of criminal facts and evidence recognized by this court is as follows: “1. Part of the defendant’s court statement” in the summary of the evidence as stated in the judgment of the court below is the same as the corresponding column of the court below, except for the alteration to “1. Defendant’s court statement at the trial.”

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the choice of a sentence, and Article 62(1) of the Act on the Suspension of Execution of the Punishment of Imprisonment with Labor shall be determined in full view of the various circumstances prior to the sentencing reasons.

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