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(영문) 대전지방법원 2020.12.02 2020노3266
사기방조
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. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The lower court’s above sentence is too unhued and unreasonable.

2. In light of the need for strict punishment for the instant crime, the degree of participation in the commission of the crime, etc., even though the nature of the crime is light in light of the need for strict punishment for the instant crime, and the degree of participation in the crime, such as the instant case, the Defendant did not have any specific criminal power except the disposition of suspension of indictment due to the crime of aiding and abetting fraud. In the first instance trial, the Defendant was in a profoundly against his wrong act committed in the course of the instant crime, which was denied by the lower court, as well as the fact that most of the damages inflicted upon the victim was remitted, and the damage was actually recovered by remitting most of the damages to the victim, and the Defendant’s age, occupation, character, personality and behavior, family relationship, motive, means and consequence of the instant crime, etc., the punishment imposed

It is recognized that it is too unreasonable rather than that.

3. In conclusion, since the defendant's appeal is reasonable, the judgment of the court below shall be reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading. However, the prosecutor's appeal shall not be dismissed as long as the judgment of the court below

[C] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as follows: (a) the summary of the evidence in the judgment of the court below is the same as the corresponding column of the judgment of the court below, except for changing “1. The Defendant’s partial statement” in the first instance judgment to “1. The Defendant’s oral statement” as “the Defendant’s oral statement at the trial.” As such, it

Application of Statutes

1. Relevant Article 347(1) and Article 32(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Article 62 of the Criminal Act:

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