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(영문) 서울동부지방법원 2020.09.24 2020노838
컴퓨터등사용사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Although the defendant has a record of being punished for the same crime, the judgment of the court below is unfair on the grounds that the defendant recognized the crime of this case and reflects the fact that the defendant had been punished for the same crime, that the defendant agreed with the victim in the trial, and that other grounds for sentencing, such as the defendant's age, character and conduct, intelligence and environment, motive, means and result of the crime, etc., such as the defendant's age, character and conduct, environment, means

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 judgment is rendered after pleading

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant Article 347-2 of the Criminal Act and the choice of penalty for the crime, the choice of imprisonment;

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

1. Determination of the sentence as ordered by comprehensively taking account of the various sentencing conditions as seen earlier prior to the reasons for sentencing under Article 62-2 of the Criminal Act.

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