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(영문) 인천지방법원 2020.12.30 2020노3496
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

2. The judgment of the Defendant’s act of collecting and conveying cash is an act of implementation essential for the crime of Bosing, which is disadvantageous to the fact that the method of crime is organized and sealed, as well as that of social harm and injury. The Defendant’s act of collecting and conveying cash is an act of implementation essential for the crime of Bosing.

However, considering the favorable circumstances, such as the fact that the Defendant appears to recognize and reflect the instant crime, that the Defendant is the first offender, that there is a child who must rear the Defendant, that the Defendant cooperates with the arrest of accomplices, that the Defendant agreed with the victims up to the trial, and that the victims’ damage was fully recovered, the court below’s punishment is somewhat unreasonable in light of various sentencing conditions as stated in the records and arguments, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. Of concurrent offenders, the reasons for sentencing under Article 62(1) of the Criminal Act and Article 62(2) of the Act on the Suspension of Execution of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be determined as set forth in the Disposition above.

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