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(영문) 수원지방법원 2019.08.16 2018노8100
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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., both types of punishment) by the lower court is too unaffortable, and the prosecutor asserts that the prosecution is too unaffortable and unfair.

2. In light of the fact that the defendant's judgment was made in the trial and deposited in full the victim's amount of damage, and other grounds for sentencing as stated in the arguments and records of this case, such as the defendant's age, family relation, health status, and criminal records, the sentence imposed by the court below is unreasonable. Thus, the defendant's assertion of unfair sentencing is justified, and the prosecutor'

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

(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed.”

Application of Statutes

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

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

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