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(영문) 수원지방법원 2019.05.24 2019노1670
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., e., g., e., g., e., g., e., 6 months of imprisonment) by the lower court.

2. In full view of the arguments in this case and the reasons for sentencing indicated in the records, such as the following facts: (a) the defendant led to confession of all the crimes in this case at the trial of the party; (b) the defendant did not want punishment of the defendant by mutual agreement with all victims when the defendant was in the trial of the party; and (c) the defendant fully repaid the amount of damage to the victim B in the trial of the party; and (d) the punishment of the court below appears to be unreasonable; (b) the defendant's assertion on unfair sentencing is reasonable;

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading, as the defendant's appeal is with merit.

(3) Article 369 of the Criminal Procedure Act provides that “ insofar as an appeal by a defendant is reversed on the ground that the appeal by a public prosecutor is well-grounded, the appeal by a public prosecutor shall not be dismissed in separate text of the judgment).”

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 347(1) of the Criminal Act (Fraud, Selection of Imprisonment), Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating vehicles which are not mandatory insurance,

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service or attend lectures;

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