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(영문) 수원지방법원 2019.07.01 2019노1838
사기등
Text

The judgment below

The remainder, other than the rejection of the application for compensation, shall be reversed.

Defendant shall be punished by imprisonment for a year.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable, and the prosecutor asserts that the defendant's participation in the face-to-face confinement of the Bosping organization is improper in light of the following: the defendant's degree of damage is high; the victim's degree of damage is serious; and the defendant's failure to agree with the victim, etc., the punishment imposed by the court below is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant confessions and reflects the judgment; (b) the Defendant has no means to punish the Defendant; (c) the period of the Defendant’s participation is short-term and is not led or planned to commit the instant Bosing; (d) the Defendant’s character, conduct and family environment; (e) the background and result of the instant crime; and (e) other circumstances that form the conditions for sentencing as shown in the records and arguments, such as the circumstances after the commission of the crime, etc., the punishment imposed by

Therefore, the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.

3. In conclusion, the prosecutor's appeal is without merit and the defendant's appeal is with merit. Thus, the judgment of the court below is reversed and it is decided as follows.

(3) Article 369 of the Criminal Procedure Act provides that “When an appeal by a defendant is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed.” (Reasons for multi-use judgment) Criminal facts and summary of evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Therefore, this is

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 347 (1), 30 of the Criminal Act that provides for the choice of punishment, and Articles 229, 225, and 30 of the Criminal Act;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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