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(영문) 대전지방법원 2016.08.17 2016노1524

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one and half years of imprisonment, and forty hours of completion of sexual assault treatment programs) is too unreasonable.

2. It is more favorable for the following reasons: (a) the Defendant recognized a mistake and reflects the determination; (b) the degree of exercising the tangible power used in an indecent act is relatively weak; and (c) there is no record of criminal punishment exceeding the fine.

However, there are a large number of victims of fraud and the number of crimes, and the amount of fraud exceeds KRW 100 million, and the degree of participation by the defendant is minor.

It is not possible to see that there is no recovery from fraud, that there is no recovery from fraud, that there was a long-term flood death even with the knowledge of the fact that it was designated as a crime of fraud, that the indecent act was repeated several times, that it was not agreed with the victim of the crime of indecent act by compulsion.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, background, means and consequence of the crime, and various sentencing conditions as shown in the instant records and the previous theories, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.