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(영문) 의정부지방법원 2016.11.25 2016노2869
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment) is too unreasonable.

2. We examine the judgment on the grounds of appeal. The crime of this case committed by the Defendant is deemed to be disadvantageous to the Defendant, in light of the content and method of the crime, and the fact that the nature of the crime is not less than that of the crime, and the amount of damage exceeds 120,2420,000 won, etc.

However, in light of the following circumstances: (a) the Defendant recognized the facts of the instant crime when he was in the trial; (b) there are some circumstances that may be taken into account the background and consequence of the instant crime; (c) was detained for about two months; (d) the seriousness of the punishment for the instant crime was sufficiently impaired; (e) the Defendant would not be prevented from committing the instant crime; (b) the Defendant deposited the entire amount of damages for the victim; (c) the Defendant was punished twice for the violation of the Road Traffic Act; (d) there was no record of special criminal punishment except for those punished twice; (e) balance with the general sentencing in the same or similar case; and (e) balance with the Defendant’s age, character and conduct, intelligence and environment; (e) the motive and background, means and consequence of the instant crime; and (e) the circumstances, criminal records, family relations, and economic circumstances, etc., the Defendant’s punishment imposed by the lower court is somewhat inappropriate and its assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is "1. The summary of the evidence" in the reasoning of the judgment below is "1. The defendant's partial statement".

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