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(영문) 울산지방법원 2020.12.24 2020노1166
사기등
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. In the first instance of the judgment, the Defendant agreed with the victim.

Considering the above reasons and the conditions of sentencing as stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below is unreasonable because it is inappropriate for the defendant to be sentenced.

3. The part of the judgment of the court below regarding the defendant shall be reversed and the judgment below shall be delivered as follows.

[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Article 61(1)5, Article 4(1)1, subparagraph 3 (d) of Article 2, Article 30 of the Criminal Act, Article 347(1) and Article 30 of the Criminal Act, Article 347(1) and Article 30 of the Criminal Act (Fraud) of the Act on the Management of Narcotics, etc., for criminal facts, among the concurrent crimes under Article 35 of the Criminal Act among the concurrent crimes under Article 35 of the Criminal Act, the sentence of punishment under Article 37, the former part of Article 38(1)2, Article 38(1)2, and Article 50 of the Criminal Act, among the concurrent crimes under Article 35 of the Criminal Act, has been committed by the defendant for fraud without being aware of the period of repeated crime.

In addition, each of the crimes of this case committed by the defendant was committed by the victim after the victim affected the psychotropic drugs of the victim by taking a psychotropic drug with a psychotropic drug ingredients, and then by taking money from the victim through an internal golf, and the victim suffered considerable property damage due to each of the crimes of this case as well as caused a serious traffic accident to the extent that the car will be scrapped during driving due to the influence of taking the drugs of this case.

As can be seen, each of the crimes of this case is an act inherent in the risk of seriously undermining the life and health of the victim as well as the property of the victim, and its method is extremely poor.

Therefore, it is also considered that there are favorable circumstances such as agreement with the victim.

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