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(영문) 서울북부지방법원 2021.03.26 2020노1886
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable and unfair (the Defendant explicitly withdraws his assertion of misunderstanding of facts and misapprehension of legal principles on the date of the first trial of the first trial of the first instance court). The instant crime is so-called “ Bosishing crime,” which is a so-called “ Bosishing crime,” and thus, has a very significant social harm, such as undermining the trust among the members of the society, and thus, the Defendant who participated in the instant crime is subject to strict punishment is disadvantageous to the Defendant.

However, the fact that the Defendant did not lead the criminal act of Bosing, but only shared some acts according to the direction of the overall responsibility, the amount of damage caused by the instant crime is not significant, and the Defendant paid the amount of damage to the victim in the trial of the party, and the damaged person would take the front of the Defendant’s wife by paying the amount of damage to the victim in the trial of the party, the Defendant did not have any particular criminal history other than punished once for the crime of this case, and the Defendant recognized the instant crime of this case and reflected his mistake.

In addition, in consideration of various circumstances, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, the sentence of the court below is too unreasonable.

Therefore, 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, and the judgment below is ruled again after pleading as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts.

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