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(영문) 수원지방법원 2020.05.29 2020노309
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 28 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years, confiscation) of the lower court is too unreasonable.

2. In full view of the arguments of this case and the reasons for sentencing indicated in the records, including the fact that the above victim does not want criminal punishment, that the defendant does not want criminal punishment, that the defendant does not have the same criminal power, that the defendant recognized his mistake, and that the defendant reflects his anti-social relationship, etc., the court below's punishment seems to be unfair because it is unreasonable. Thus, the defendant's allegation of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 347(1) and 30 of the Criminal Act, Articles 95-2 subparag. 4 and 84-2(1) of the Telecommunications Business Act, Article 30 of the Criminal Act, Article 97 subparag. 7 and 30 of the Telecommunications Business Act, Article 30 of the Criminal Act, Articles 95 subparag. 3 and 6(1) of the Telecommunications Business Act, Articles 95 subparag. 3 and 6(1) of the Telecommunications Business Act, Article 30 of the Criminal Act, each of the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes prescribed in the crime of fraud against victim H with the largest punishment)

1. Article 48 (1) 1 of the Criminal Act for forfeiture;

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