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(영문) 창원지방법원 2019.09.04 2019노1360
사기등
Text

The judgment below

Part concerning the second offense in the judgment shall be reversed.

The defendant shall be punished by imprisonment with prison labor for 4 months for the second crime.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below No. 1,

3.(a)

1 1,

3.2

(i)Offences: 6 months of imprisonment, 2 years of suspended sentence, 2 years of imprisonment, 4 months of imprisonment, 4. A. 1 of Decision;

4.2

(i)Offences: fine of 2 million won is too unreasonable;

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The judgment below's punishment of the crime No. 2 in the judgment is too unreasonable in light of the following circumstances: (a) the defendant generally acknowledges his mistake and reflects his mistake; (b) the defendant agreed with the victim F of the crime No. 1 in the judgment; (c) the victim does not want punishment against the defendant by agreement with the victim N of the crime No. 2 in the judgment in the appellate trial; (d) the crime No. 2 in the judgment should consider equity with the case of the judgment at the same time; (e) the crime of fraud for which the judgment became final and conclusive and the crime of violation of the Road Traffic Act, etc.; and (e) the amount of fraud by each fraud is not significant; and (e) the defendant has the records of punishment several times for the crime of fraud; and (e) the defendant has the records of sentencing several times by the crime of fraud.

3.(a)

1 1,

3.2

(i)an offence and judgment No. 4. A. 1);

4.2

It is difficult to see that the lower court’s punishment for a crime is too heavy or unreasonable because it is too heavy.

Therefore, the defendant's argument is partially reasonable, and the prosecutor's argument is without merit.

3. As the defendant's appeal concerning the second crime of the judgment of the court below as to the second crime of the judgment of the court below is well-grounded, the part concerning the second crime of the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the following is ruled again through pleading.

3.(a)

1 1,

3.2

(i)an offense and judgment No. 4. A. 1);

4.2

Since the appeal by the defendant and the prosecutor against the crime is groundless, all of them are in accordance with Article 364 (4) of the Criminal Procedure Act.

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