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(영문) 의정부지방법원 2019.11.29 2019노1773
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of two years and ten months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant has the following disadvantageous circumstances:

The Defendant had been punished several times, including punishment for the same crime, even before the crime of this case was committed.

The amount obtained by the defendant by deceit from victims exceeds 370 million won in total, and most damage has not been recovered until now.

In the event of a violation of the Rental Housing Act or the Special Act on Public Housing, the crime is not likely to undermine the legislative intent of the said Act, which is the stabilization of LA residential life.

However, there are the following favorable circumstances for the defendant.

The Defendant recognized each of the crimes in this case and reflected against himself.

The defendant agreed with the victim'sO, Z, and AG in the first instance.

The health of defendants is not good.

In light of the sentencing conditions as shown in the argument of this case, including the circumstances favorable to the defendant, the sentence imposed by the court below was changed in the trial, resulting in the change in the sentencing conditions, so it was too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered after pleading.

(No prosecutor’s appeal is well-grounded, but the decision of the court below shall not be dismissed separately from the disposition, inasmuch as the defendant’s appeal is accepted and the decision of the court below is reversed). [The summary of facts constituting a crime and evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below, and thus, it shall be cited in accordance with

Application of Statutes

1. Criminal facts;

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