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(영문) 청주지방법원 2019.08.29 2019노907
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant, who had had the record of juvenile protective disposition and criminal punishment over several times due to the same crime as this case, committed the crime of this case repeatedly against many victims, and that the Defendant continued to commit the same crime even during the investigation and trial on the crime of this case, it is necessary to strictly punish the Defendant as to the crime because the nature and the criminal situation are not weak.

However, all of the crimes of this case were committed by the defendant, and the victim did not want punishment against the defendant by agreement with some victims, following the judgment of the court below, up to the trial court, and the victim did not want to be punished against the defendant. However, the victim's total amount of damage was returned to the other victims. The defendant's age reaches the majority of majority and the contents of the crime are Internet sales fraud that has been repeated at the time of the juvenile's age, and seems to be a deviation from the Internet sales fraud that has not yet been sufficiently mature, and it seems that the defendant's personality and behavior improvement intent and attitude in the criminal law were sufficiently mature while living under detention in this case, and the defendant's attitude and attitude were serious in terms of the defendant's character and behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. as shown in the record, the court below's punishment is too unfair, considering the following factors.

3. In conclusion, 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 with merit, and the following judgment is rendered again after pleading.

【Discretionary Judgment] Summary of Criminal facts and Evidence is recognized by this Court.

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