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(영문) 대전지방법원 2014.12.04 2014노1529

사기등

Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, such as: (a) the defendant deceivings the victims to have the land of the Korea Forest Service neglected to gather together with his accomplices; (b) the crime of this case is committed by forging two copies of the official document in the name of the Minister of the Korea Forest Service in order to deceiving the victim E; (c) the crime of this case is heavy; (d) the crime of this case is not agreed with most victims; (e) the victim E is likely not to have been recovered; (e) the defendant was sentenced several times of punishment for the same crime; and (e) some fraud crimes are repeatedly committed during the period of a repeated crime of the same kind; and (e) the crime

However, there are extenuating circumstances, such as the fact that the defendant led to a confession of all crimes, reflects his mistake, and repents in depth, was agreed with the victim E at the time of the trial, that the victim E wanted to take the preference against the defendant, and that the defendant's family members want to take the preference against the defendant.

In this context, the sentencing guidelines set by the Sentencing Committee of the Supreme Court at the Sentencing Committee for a period of four to eight years: fraud crime group, general fraud, type 3, special offender (same-class repeated crime), increased area, and the scope of the recommended punishment (two to seven years of imprisonment). 2 and 3 crimes: The crime of public document crime group, forgery of public document, type 1, special person (no person), basic area, basic area, and the scope of recommended punishment (eight to eight to eight years of imprisonment). In addition, considering the overall sentencing conditions such as the degree of participation by the defendant in the crime, age, health, character and conduct, environment, background and motive of the crime, means and consequence of the crime, the sentence of the court below is too unreasonable.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the judgment is rendered again as follows.

Criminal facts

b) the evidence;