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(영문) 대전지방법원 2016.06.16 2016노821

사기등

Text

The judgment below

Of the judgment of the court below, the part concerning the crime Nos. 3 through 33 of the crime list No. 1 of the judgment of the court below, and the crime No. 2 and 3 of the judgment.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable that the sentence imposed on the defendant (an offense No. 1 and No. 2 in the judgment of the court below: a fine of KRW 3 million; an offense No. 3 through No. 33 in the judgment of the court below; an offense No. 2 and No. 3 in the judgment of the court below; an offense No. 2 and No. 3 in the judgment of the court below is too unreasonable. 4

2. The Defendant committed the instant crime against many victims for a considerable period of time despite the fact that the Defendant had served several times in the same crime, and that the victims did not recover from damage even though the amount of damage was considerably significant, is disadvantageous to the Defendant.

However, in full view of all the sentencing conditions, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., the sentence of the court below against the attached Table 1 and the attached Table 2 in the judgment of the court below is heavy, in light of the following: (a) the Defendant confessions the crime of this case and is against the Defendant; and (b) the equality in the case of the judgment at the same time as the judgment becomes final and conclusive; and (c) the Defendant’

Although it is not recognized, the sentence of the court below on the crimes No. 3 through No. 33 of the List of Crimes No. 1 of the decision of the court below, and the crimes No. 2 and No. 3 of the decision of the court below is too unreasonable. 1.

3. In conclusion, the defendant's appeal against the crime Nos. 3 through 33 of the List of Attached Crimes No. 2 and No. 2 and 3 in the judgment of the court below is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the remaining appeal of the defendant is ruled as follows. Since the remaining appeal of the defendant is without merit, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[Judgment of the court below, which is newly used for crimes and crimes No. 3 through 33 of the List of Attached Crimes No. 2 among the judgment of the court below, and No. 2 and No. 3 of the judgment of the court below] The summary of the facts constituting a crime and evidence recognized by the court below is the same as the stated in the corresponding column of the judgment below. Thus, Article 369 of the Criminal Procedure Act