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(영문) 수원지방법원 2018.05.11 2018노1341
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. In light of the method and content of each of the crimes in this case, the fact that the nature of the crime is not easy and that the amount of fraud is not stated is disadvantageous to the defendant.

On the other hand, there is no record of punishment exceeding the fine for the defendant, the defendant agreed with the victim F, and the mediation was concluded that the victim M would receive the amount of damage caused by the defendant's crime from J and L although the victim M did not directly agree with the victim M. The defendant agreed that the part of the above damage amount was paid to L, and the remaining damage amount should be paid to L in full, etc. are favorable to the defendant.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the lower court’s sentence is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (the fraud point and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentencing of Article 62(1) of the Criminal Act shall be determined as ordered by taking into account the various circumstances examined in the judgment of Article 62(2) of the Criminal Act with the reason for sentencing.

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