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(영문) 창원지방법원 2020.12.10 2020노1865

The judgment of the court below is reversed.

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

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


Summary of Grounds for Appeal

The punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

2. The Defendant, as a matter of course, conspiredd the victim and acquired approximately KRW 58 million pecuniary benefits.

However, the Defendant recognized the instant crime and is against the Defendant.

The Defendant agreed with the victim in the first instance.

The victim does not want to punish the defendant any longer, but want to take the action against the defendant.

The instant crime ought to be taken into account the equity in the case of sentence simultaneously with the crime of fraud for which judgment has become final and conclusive.

In addition, in addition to the fact that the defendant's age, character and conduct, environment, motive, content, means and consequence of the crime, and all the sentencing conditions shown in the records and arguments of this case, including the circumstances after the crime, have changed in terms of the victim's grounds for the punishment and the source of prior carbon compared to the judgment of the court below, the punishment sentenced by the court below is too unfair.

The defendant's assertion of unfair sentencing is justified.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

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

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Prior to the grounds for sentencing under Article 62(1) of the Criminal Act, the sentence as set forth in the Disposition shall be determined by taking into account the various circumstances examined in the judgment on the Defendant’s allegation of unfair sentencing prior to the suspended sentence.