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(영문) 서울중앙지방법원 2020.04.09 2019노3152
사기등
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for two years.

Seized No. 1.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The fact that the singishing has a great harm to society, and the amount of the instant damage is considerable, etc. is disadvantageous to the Defendant.

However, the fact that the defendant has not committed a second offense while against his/her mistake, and that he/she has no previous criminal record, and that he/she has reached an agreement with five of the six victims and five of the victims is favorable to the defendant.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, the circumstances leading up to the instant crime and circumstances after the instant crime, etc., the lower court’s punishment is deemed to be too unreasonable.

Therefore, the defendant's above assertion is justified.

3. Since the appeal by the defendant is well-grounded, the part of the judgment of the court below excluding the compensation order among the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it

【Grounds for the judgment in multiple cases】 Summary of facts constituting a crime and evidence are as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant Articles 225 and 30 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, Articles 229, 225 and 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, and the choice of imprisonment with prison labor for the remaining crimes except for the crimes of forging and uttering of public documents

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

1. To determine the punishment as ordered in full view of various circumstances prior to the reasons for sentencing under Article 48(1)1 and 2 of the Criminal Act.

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