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(영문) 의정부지방법원 2016.05.04 2015노2923

사기등

Text

Of the judgment of the court below of first instance, the guilty part against Defendant B and the judgment of the court below against Defendant D and the judgment of the court below of second.

Reasons

(b)that it is not easy, and that the defendant has no substantial profit by committing a crime;

Even if the role of the defendant's withdrawal, etc. is essential for the crime of this case, and the defendant's failure to recover from damage is necessary to punish the defendant.

However, considering the fact that the accused has no criminal record for the same kind of crime and that there are family members to support the accused, including minor children, a favorable condition for the motive for the crime, the circumstances after the crime, the age, environment, occupation and family relationship of the accused, etc., as well as the various sentencing conditions shown in the records and arguments of this case, including the records and arguments of the Supreme Court, and the scope of the recommended sentence on the sentencing guidelines of the Supreme Court [the scope of the recommended sentence] increased (4 to 7 years) by the aggravated area (4 to 50 million won) (4 years and less than 50 million won) [a special aggravated person] [a case where the accused or multiple victims are committed repeatedly for an unspecified or for a considerable period of time according to the sentencing guidelines of the majority crime * The scope of the final sentence according to the sentencing guidelines according to the punishment guidelines of the two years and eight years and seven years (the aggregate of the profits of the concurrent crimes has increased one step as a result of adding up the profits of the same type of punishment, the sentence shall be determined as set together with the order

2. The fact that Defendant D fully recognizes the crime of joint bodily injury and joint assault, the extent of each injury suffered by the victims of joint bodily injury, and the fact that the Defendant agreed with the victims of each of the above crimes is favorable to the Defendant.

However, not only the case is very serious, but also the defendant is in the position of the total domestic withdrawals or managements, and the degree of participation in the crime is not weak, there are no circumstances in which the defendant made an effort to recover damage, and one of the victims is the way for the victims to commit the crime of joint bodily injury.