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(영문) 수원지방법원 2014.02.06 2013노3991

사기등

Text

The remaining parts of the judgment of the court below excluding the rejection of the application for compensation order among the parts against the defendants.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, each sentence against the Defendants (Defendant B: one year and six months of imprisonment; one year and one year of imprisonment; one year of imprisonment; Defendant F; 8 months of imprisonment; Defendant AF; one year and two months of imprisonment) is too unreasonable.

2. The judgment of each of the instant crimes is an element of sentencing against the Defendants, which is disadvantageous to the Defendants, such as: (a) the Defendants were committed during the period of suspended execution due to the same kind of crime; (b) the Defendant F is under the period of suspended execution due to the same kind of crime; and (c) even during the period of repeated crime, the Defendants committed each of the instant crimes without any reflect reflect by the Defendants, and thus are likely to be subject to criticism against the said Defendants.

However, all of the Defendants are divided and contradictory to each other, and there is no record of punishment for the same kind of crime in the case of Defendant B, C, and AF, and in the case of Defendant B and C, there was an agreement with the victim V in the original trial. The victim E and the victim did not wish to punish the above Defendants. In the case of Defendant F, the act of participation is limited to one time, and the judgment of the lower court becomes final and conclusive as it is, the suspension of execution becomes effective. Meanwhile, Defendant F appealed appealed on August 6, 2013, separate from the above suspended sentence, after he was sentenced to two years of the suspended sentence for fraud at the Incheon District Court on August 6, 2013, which was before the judgment of the first instance. However, the appeal was withdrawn on October 21, 2013 and the above judgment became final and conclusive on the same day, and the crime of this case and the crime of this case committed after the judgment of the previous suspended execution became final and conclusive.