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(영문) 대전지방법원 2018.02.21 2017노3594

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) is too unreasonable.

2. In light of the details and methods of each of the instant crimes, and the frequency of the instant crimes, the fact that the nature of the crime is extremely poor, repeated crimes against many victims, the total amount of the defraudation is a large amount, the Defendant was unable to agree with some victims, and the Defendant had been subject to criminal punishment several times due to the same type of fraud, and the Defendant committed each of the instant crimes during the suspended execution period is disadvantageous.

However, at the court below, the defendant recognized all of the crimes of this case and against mistake, and agreed with the victim AI in the case of the 2017 Highest 1903 Highest 2017 Highest 2017 Highest 2161 highest 201 highest 2017 highest 2017 highest 1065 highest 201 highest 2017 highest 2017 highest 284 highest 2017 highest 2017 highest 284 highest 200,000 highest e out of the amount of damage is advantageous.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, various sentencing conditions shown in the instant pleadings, such as the circumstances after the crime, the lower court’s punishment is somewhat inappropriate and deemed unfair.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendations] general fraud.