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(영문) 대전지방법원 2020.10.29 2019노2392

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentencing (6 months of imprisonment) of the lower court is excessively unreasonable.

B. The lower court’s sentencing of the prosecutor (e.g., indubly unfair) is unreasonable as it is too unhued.

2. In light of the fact that there is no intention or ability to repay, the accused deceivings the victims to do so, and considering the fact that the amount of damage reaches a total of 22,90,000 won, and that there is no good quality of crime such as repeated crimes against the two victims, it is necessary to hold the accused liable with strict liability corresponding to it.

However, the court below's punishment against the defendant is too unreasonable in light of the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, etc., and the equality in the case of the judgment at the same time as the previous offense in which the judgment has become final and conclusive, and the victim's consent to the punishment of the defendant is not wanting to be punished against the defendant. In addition, considering the balance between the sentencing factors of all the sentencing factors and similar cases as shown in the argument of this case, such as the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, etc.

Furthermore, the Prosecutor’s assertion that the lower court’s sentence against the Defendant is too minor considering the above-mentioned circumstances, such as the amount of damage high, and the fact that the nature of the crime is not good by committing a crime over a considerable period, etc., that the circumstance unfavorable to the sentencing asserted by the Prosecutor in the trial is already considered in the lower court’s determination of the punishment.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[The reasons for the judgment of multiple court] The summary of criminal facts and evidence is recognized by the court.