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(영문) 수원지방법원 2021.02.10 2020노5595
사기
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective sentences against the Defendants (Defendant A: Imprisonment with prison labor for one year and six months, and Defendant B: Imprisonment with prison labor for ten months) are too unreasonable.

2. We examine ex officio the prosecutor's ex officio reversal of the indictment (as to Defendant A) prior to the determination of the defendant A's unfair argument about sentencing.

In the original judgment, the prosecutor applied for the amendment of indictment to the effect that the part concerning Defendant A’s sole crime of the existing facts charged is changed as stated in the facts constituting the offense and the column of evidence. This court permitted it and changed the subject of the judgment.

Therefore, among the judgment of the court below, there are reasons for reversal ex officio to Defendant A.

3. The judgment against Defendant B was examined, and all of the crimes were led to the judgment of Defendant B, and the victim was led to the conviction of Defendant B, and the victim did not want the punishment of Defendant B upon agreement with the victim, and there was no criminal history against the previous Defendant B, and the judgment of the court below against Defendant B, in full view of the arguments of this case and the reasons for sentencing indicated in the records, such as Defendant B’s age, character, environment, social relation, etc., the sentence of Defendant B against Defendant B is unreasonable, and thus, Defendant B’s unfair argument for sentencing is with merit.

4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant A's unfair argument, and the judgment of the court below is reversed in entirety, and the following is decided through pleading, since there is a ground for reversal ex officio as seen above and the appeal by the defendant B is also reasonable.

[Grounds for the judgment below] The summary of facts constituting a crime and evidence recognized by this court is to be changed to "total of KRW 78,310,000 over 81 times, total of KRW 83 times, total of KRW 79,310,000, total of 83 times," which is the 3rd page of the judgment below.

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