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(영문) 대구지방법원 2019.10.18 2019노3233
사기
Text

The judgment of the court below is reversed.

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

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant deceivings many persons to acquire money, and the sum of the amount of the fraud is not forged, and a considerable part of the damage is not restored.

However, in light of the favorable circumstances such as the Defendant’s confession of all of the crimes of this case and the Defendant’s confession, the lower court agreed with the victim B, the lower court’s punishment is unreasonable, taking into account the following factors: (a) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; (b) the means and consequence of the instant crime; and (c) all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, etc.

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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