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(영문) 서울중앙지방법원 2019.07.26 2019노1794
사기
Text

The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for six months.

(b).

Reasons

1. The court below rejected the application for compensation by the applicant for compensation, and since the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part which dismissed the application for compensation among the judgment below is excluded from the scope of the trial of this

2. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (six months of imprisonment) is too unreasonable.

3. The Defendant, even though there were multiple punishments for the same kind of crime in the past, committed the instant fraud again, and the fact that the amount of damage was not much significant is disadvantageous.

However, in light of all the circumstances indicated in the records of this case, including the Defendant’s age, character and behavior, environment, motive and consequence of the crime, and circumstances after the crime, the lower court’s sentence is somewhat unreasonable.

The defendant's assertion of unfair sentencing is justified.

4. As such, the defendant's appeal is with merit. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the remaining part of the judgment below excluding the compensation order portion shall be reversed and it shall be decided again as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as stated in each corresponding column of the judgment below, except for adding "the defendant's oral statement at the court below" to "1. The summary of evidence is the same as stated in each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Grounds for reversal prior to the reasons for sentencing under Article 62(1) of the Criminal Act are considered.

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