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(영문) 수원지방법원 2020.12.16 2020노4682
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence No. 5 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, confiscation) imposed by the court below is unreasonable.

2. The Defendant took part in the crime as a means of collecting and conveying the singishing crime.

It is inevitable to impose severe punishment because the crime of Bosing consists of organized and planned crimes against many unspecified victims and its social harm is serious.

However, when the defendant was in the trial, all of the crimes of this case are recognized by agreement with the victim B and P, and the defendant is not subject to the punishment of the defendant, while there are several criminal punishments for other crimes, there are no records of criminal punishment for the same kind of crimes. In addition, the punishment as ordered shall be determined by taking into account the circumstances of the crime of this case, the amount of damage, the circumstances after the crime, the age, character and conduct of the defendant, and various sentencing conditions indicated in the records of this case.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows

[Discied reasoning of the judgment below] The summary of facts constituting an offense and evidence admitted by this court is identical to the description in the corresponding column except for the revision of the "1. The defendant's partial statement" in the summary of evidence in the judgment below to the "1. The defendant's oral statement". Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

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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