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(영문) 광주지방법원 2019.08.22 2018노2969

사기

Text

The judgment below

The part, other than the rejection of the application for compensation, shall be reversed.

Defendant

A. B. Imprisonment for eight months, and Defendant B.

Reasons

1. The summary of the grounds for appeal (for defendant A, one year of imprisonment, two years of suspended execution, two years of social service, six months of suspended execution, two years of suspended execution, and 80 hours of social service) of the lower court is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendants.

It is not good that the crime of this case is committed.

The amount of damage caused by the instant crime is a large amount.

Defendant

A has the same criminal records.

On the other hand, the defendants are in depth of their mistake, the considerable part of the damage amount caused by the crime of this case was restored, and the defendant A agreed with the victim for the first time, and the defendant B did not focus on the degree of participation in the crime of this case and did not have the same kind of criminal record, in favor of the defendants.

In addition, considering the balance of sentencing with the same kind of crime, the background of the crime of this case, the circumstances after the crime of this case, the age, character, conduct and environment of the defendants, etc., the court below's punishment is deemed to be too unreasonable and unfair. Thus, the defendants' assertion is justified.

3. In conclusion, the part of the judgment below excluding the rejection of the application for compensation among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the defendants' appeal is again decided as follows after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for criminal facts

1. Defendants on probation: Article 62(1) of the Criminal Act