(영문) 수원지방법원 2020.06.10 2020노928 | 리걸엔진

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(영문) 수원지방법원 2020.06.10 2020노928

사기

Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant 2019 Godan4842 case.

Reasons

1. The summary of the grounds for appeal (e.g., in the case of 2019Da4842) of the lower court’s punishment (e.g., each fraud of No. 2 No. 1 through No. 5 of the attached Table 2 of the List of Crimes indicated in the lower judgment, and fraud of 2019Kadan7647: Imprisonment with labor for two months, and each other fraud: Imprisonment with labor for ten months) is too unreasonable

2. Determination of the crime of this case is that there are many victims of the crime of this case, part of the crime of this case is under trial due to the same kind of crime, and that part of the crime was under probation.

However, prior to the pronouncement of the lower judgment, the Defendant made an agreement with the victim X,Y, Z, Z, AAB, AB, AC, or BE (380 pages of evidence of the case) prior to the pronouncement of the lower judgment, and agreed with the victim AS (the victim No. 1 No. 7 of the List of Crimes as indicated in the lower judgment), among the cases of 2019 high-class42, each of the frauds No. 1 through No. 5 of the judgment of the lower court and the frauds No. 2019 high-class7647 of the crime committed in the judgment of the lower court should be considered at the same time as the fraud of the criminal power set forth in the judgment of the lower court. Considering the favorable circumstances such as the victim’s amount of damage is relatively small, the motive, circumstance, means and method of the instant crime, other circumstances before and after the instant crime, and other circumstances such as the Defendant’s age, character and behavior, experience, etc., the lower court is acknowledged.

3. As such, the defendant's appeal is reasonable, and the remaining part of the judgment below, except the rejection of an application for compensation order, is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Grounds for the judgment of the court below] The summary of criminal facts and evidence recognized by this court is the same as the corresponding column of the judgment of the court below, except for the alteration of "AI" in No. 1 7 of the annexed list of crimes to "AS" in the judgment of the court below.

참조조문

-형사소송법 제364조 제6항

유사 판례

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-대전지방법원 2015.05.20 2015고단577