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(영문) 대전지방법원 2020.11.25 2020노2707
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

However, for a period of 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 (one year and four months of imprisonment) is too unreasonable.

B. The lower court’s above sentence is too unhued and unreasonable.

2. In light of the background and method of the instant crime, and the amount of deceptionation, the Defendant did not be less than a punishment penalty, but the Defendant did not have any criminal history exceeding a fine. The Defendant was committed with all the instant crime, and the Defendant was in violation of the depth of the mistake. In addition, in addition to the agreement with the victim D at the lower court, the victims were not punished against the Defendant by unanimous agreement with the victim G during the trial, as well as other sentencing conditions specified in the instant argument, including the Defendant’s age, occupation, occupation, character, character, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the punishment imposed by the lower court is somewhat less severe.

It is recognized that it is too unreasonable rather than that.

3. In conclusion, since the defendant's appeal is reasonable, the judgment of the court below shall be reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading. However, the prosecutor's appeal shall not be dismissed as long as the judgment of the court below

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of 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. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

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