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(영문) 대전지방법원 2016.03.24 2016노287

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court, among the facts charged in the instant case, decided that a fine of two million won was imposed on each of the crimes listed in subparagraph 1 of the judgment, and ten months was sentenced to imprisonment with labor on each of the crimes listed in subparagraph 2 of the judgment, and only the Defendant appealed the entire judgment of the lower court on the grounds of unfair sentencing, but withdraws an appeal only on each of the crimes listed in subparagraph 2 of the judgment of the lower court on February 22, 2016. Thus, the part of each of the crimes listed in subparagraph 2 of the judgment of the lower court

Therefore, the scope of this court's adjudication is limited to each of the crimes of No. 1 of the judgment of the court below.

2. The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below is unfair because the sentence (2 million won) imposed on the defendant for each crime set forth in subparagraph 1 of the judgment of the court below is too unreasonable.

3. The judgment of the defendant is the confession of the crime of this case, the defendant paid a considerable amount of money to the victim J, M, N, andO to recover damage caused by the crime of this case (Evidence record 590-591 page), the fact that the defendant should consider equity with the case where he was tried at the same time as the crime of this case became final and conclusive at the same time is favorable to the defendant, but the crime of this case is committed repeatedly by taking advantage of the characteristics of the Internet space where the defendant does not face-to-face, and the crime of this case is not good in quality of the crime because the number and amount of damage are not large, and even if the defendant could have been punished for the same kind of crime, the crime of this case is committed at another time even though the defendant could have been punished for the same crime, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means, result, etc., the defendant's punishment against the defendant is too unreasonable, and there is no reason for the defendant's allegation of unfair sentencing.

4. 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.

참조조문