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(영문) 춘천지방법원 강릉지원 2019.06.20 2019노109
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence (ten months of imprisonment) is too unhued and unreasonable.

2. In light of the fact that the amount of damage caused by the instant crime is not significant, the damage to the victim B and C is not recovered yet, and the defendant has been punished several times for the same crime, etc., the instant crime by the defendant shall be subject to criticism.

However, the court below's punishment is too unreasonable in light of all the sentencing conditions, including the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the sentencing conditions set forth in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment stipulated in the crime of fraud as of December 29, 2016 against a victim B with the largest penalty) shall be comprehensively taken into account, prior to the reason for sentencing, set forth in the order.

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