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(영문) 수원지방법원 2019.01.08 2018노7150
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant was the first offender; (b) the Defendant did not commit the instant fraud intentionally; and (c) the Defendant agreed with the victim of the instant fraud and led to the Defendant to the trial for the first time; and (d) the confession of all the instant crimes; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and (d) the circumstances after the commission of the instant crime, etc., the lower court’s punishment is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant provisions of Article 347 (1) of the Criminal Act for the crime concerned, Article 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act for each crime;

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

1. Selection of each sentence of imprisonment;

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

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

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