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(영문) 대구지방법원 2020.08.21 2020노818
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The crime of Bosing, like the instant case, is committed systematically and systematically against many and unspecified persons. The crime is committed as a major crime by taking the economically and socially weak persons into consideration as the subject of major crimes and causing more difficult situations to them by using the boomed places. Since the scope of damage is expanding as the method of crime becomes more intelligent, and the scope of damage is expanding in an undiscriminatory and is not easy to recover from damage, it is disadvantageous to the Defendant, such as the fact that the persons who participated in the crime need to be strictly punished to eradicate the crime, the damage is not recovered, and the fact that the victim’s damage has not been actively involved in the crime without any profit gained by the Defendant, etc.

However, in full view of the favorable circumstances, such as the fact that the defendant's mistake is recognized and against the defendant, and the equity in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, and other various circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the court below is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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