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(영문) 수원지방법원 2020.01.20 2019노5582
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 No. 23 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year and ten months of imprisonment) is too unreasonable in light of the fact that all of the crimes were recognized as soon as the Defendant was arrested and that some victims agreed to do so, etc.

B. In light of the nature of the instant crime committed by the Prosecutor, the lower court’s punishment is too unfasible and unreasonable.

2. In full view of the following facts: (a) the Defendant recognized all of the instant crimes from the investigation stage; (b) the amount of individual damage does not exceed the amount of damage; and (c) the Defendant agreed with some victims on a relatively large amount of damage; (d) the Defendant’s primary offender who has no criminal power except for protective disposition by juveniles; and (e) the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, etc., the lower court’s punishment seems to be somewhat unreasonable; and (e) the Defendant’s allegation of unfair sentencing is reasonable, and the Prosecutor’

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[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. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1) and 30 (Fraud) of the Criminal Act, Articles 49(4)2 and 6(3)3 (the custody of means of access for the purpose of using crimes) of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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