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(영문) 의정부지방법원 2020.11.26 2020노2131
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

In light of the summary of the grounds for appeal (the original sentence: 10 months of imprisonment), the fact that the criminal liability of the defendant is heavy in light of the circumstances unfavorable to the defendant, the background and methods of each of the crimes of this case, and the amount of the crime of this case, the confession of each of the crimes of this case is made by the defendant, the fact that the defendant deposited the amount equivalent to the total amount of the money obtained by deceit for the victims in the past, and the fact that there is no record of punishment for the same kind of crime in the past, etc., the amount of the punishment imposed by the court below is too unreasonable, taking into account the circumstances favorable to the defendant.

Therefore, we accept the defendant's argument during the sentencing.

Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is reasonable.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the 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. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, the choice of punishment for each crime, and the choice of imprisonment;

1. Of concurrent crimes, the punishment as set forth in the text shall be determined, taking into account the various circumstances examined prior to the reasons for sentencing under Article 62(1) of the Criminal Act, among the concurrent crimes, taking into account the former part of Article 37, Article 38(1)2, and Article 50

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