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(영문) 수원지방법원 2015.07.10 2015노1437

사기등

Text

The judgment below

Of the judgments of the court below, the part concerning the 2, 3, 4, 5, and 6 crimes shall be reversed.

Defendant 2, 3, 4, 5, and 6 as stated in the judgment of the court below.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment with prison labor for a crime No. 1 in the original judgment, and ten months of imprisonment with prison labor for a crime No. 2 in the original judgment) declared by the court below is too unreasonable.

2. Determination

A. As to the crime No. 1 in the holding of the court below, the defendant agreed with the victim early, while the victim still complained against the defendant's wife, the method of the crime in this case is very poor, and the injury suffered by the victim was committed in a very serious manner after the crime in this case, and in consideration of the motive and circumstances of the crime in this case, the circumstances after the crime in this case, the defendant's age, character and conduct, and environment, and other various circumstances, which are the conditions of sentencing as shown in the records and arguments in this case, such as the records and arguments, the punishment for the crime in this part in this case is deemed appropriate.

B. As to the crimes of Articles 2 through 6 of the holding of the court below, the health team, the defendant had been punished several times for the same crimes in the past, and the crime of this case again committed during the suspension period of the execution of fraud, and the defendant voluntarily refused to attend during the trial of the court below and committed a separate crime is also poor.

However, it is hard to say that the court below's punishment imposed on each of the crimes in this part is somewhat inappropriate, considering the following circumstances: the defendant's P, V, J and original agreement for fraud which was not agreed by the court below for the first time, the defendant's family members show a reflective form, and again lead the defendant to the defendant; the defendant's family members are also leading the defendant; the motive and circumstances of the crime in this case; circumstances after the crime in this case; the defendant's age, character and conduct, and environment; and other various circumstances that are the conditions of sentencing as shown in the records and arguments in this case.

3. Accordingly, the defendant as to the second to sixth crimes as stated in the judgment of the court below.