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(영문) 춘천지방법원 강릉지원 2015.01.27 2014노513

사기

Text

The judgment below

Part concerning the crime of Nos. 2, 4, 7 through 12 of the judgment shall be reversed.

Nos. 2, 4, 7 through 7 of the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. The defendant's punishment (as to the crime No. 1, 3, 5, and 6 at the market: Imprisonment with prison labor for 10 months, and as to the crime No. 2, 4, 7, and 12: imprisonment with prison labor for 3 years and 6 months) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the part of the 1, 3, 5, and 6 of the judgment, the fact that the Defendant led to the trial for the first time, led to the confession of and reflects in depth on the crime, and that there is no criminal record above the sentence, etc. are favorable to the Defendant.

On the other hand, the fact that the defendant has been punished several times as a crime related to property, and most of the damages have not yet been recovered is disadvantageous.

Considering the above various circumstances, comprehensively taking into account the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the instant crime, etc., including the equity in the case where the judgment is rendered simultaneously with the crime of fraud, the punishment on the part of the first, third, five, and six crimes as indicated in the judgment of the court below is too heavy or unreasonable.

B. As to the crimes of Articles 2, 4, 7, and 12 of the holding, the circumstances favorable to the defendant are as follows: (a) the confession of the defendant and reflects his depth on the crime; (b) there is no criminal record heavier than the sentence; and (c) the fact that the victim AK and the defendant do not want the punishment of the defendant for the first time

On the other hand, the Defendant had a record of being punished several times as a crime related to property, and committed some crimes during the suspension of the execution of imprisonment for the same crime due to the same fraud, many of the frequency of the crimes, and the victims are also several victims, and the amount of damage caused by the crime in this case is reasonable, and the restoration of damage is not done alternatively.

Considering the above various circumstances, the defendant's age, character and conduct, motive for the crime of this case, the means and consequence of the crime of this case, and other circumstances after the crime were committed.