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(영문) 청주지방법원 2021.03.18 2020노1302
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) against the Defendant is too unreasonable.

2. The crime of this case requires a heavy punishment in light of the social harm of the Bosing crime by taking part in the collection of 47.9 million won from the victims by taking part in the criminal organization of Bosing criminal.

However, in full view of the following factors: (a) the Defendant’s mistake is against the Defendant; (b) there are circumstances to consider the background leading up to the commission of the crime; (c) there is no past record of criminal punishment in the Republic of Korea; and (d) the character and conduct of the Defendant, the environment, the method and consequence of the crime; and (c) the circumstances before

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is again ruled after pleading as follows.

【Grounds for a new judgment】 Facts constituting an offense and summary of evidence recognized by the court are identical to facts constituting an offense and summary of evidence as stated in each corresponding column of the judgment below, and thus, it shall be quoted pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of punishment for a crime;

1. The sentencing grounds prior to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, shall be determined by comprehensively taking into account the reasons for sentencing prior to the sentencing.

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