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(영문) 대전지방법원 2019.08.28 2019노1724

사기등

Text

The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a period of two years and six months.

Reasons

1. Summary of grounds for appeal;

A. In light of the degree of the defendant's participation in each of the crimes of this case and the degree of the victim's negligence, the compensation order for all the damages suffered by the victim B, C, D, and E is inappropriate. 2) When Samsung Galthal ju (No. 3), seized Samsung Talthal (No. 3) is unjust.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment, confiscation, and compensation order) is too unreasonable.

2. Judgment on the Defendant’s assertion of misapprehension of legal principles

A. In light of the role of the defendant in each of the crimes of this case as part of compensation order, the defendant appears to have served as a co-principal of each of the crimes of this case, from a civil perspective, the defendant is liable for damages due to joint tort with other co-offenders, and the amount of damages suffered by the applicant for compensation was specified, and as long as the defendant is clearly liable for the total amount of damages above, there is no room to reduce the defendant's liability in relation to the victims, the court below is justified to accept the application for compensation by the applicant for compensation of the first instance court.

Therefore, the defendant's assertion of misunderstanding the legal principles is not accepted.

B. In the course of committing each of the instant crimes, the Defendant was given contact with the victims using Samsung Tallon S9 mobile phones (No. 3) owned by the Defendant, and the aforementioned mobile phone is subject to confiscation as “goods provided for criminal acts” (Article 48(1)1 of the Criminal Act). Therefore, the Defendant’s assertion of misapprehension of the legal principles as to this part is rejected.

3. Each of the instant crimes committed against the Defendant’s assertion of unfair sentencing is subject to the so-called “singing” crime committed on a professional and systematic basis after multiple persons share their roles in accordance with a thorough plan.