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(영문) 수원지방법원 2020.01.30 2019노6704
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The defendant, in collusion with the union staff, acquired 87 million won from the victim F in order to exchange the amount of singing damage in the manner of exchange. In light of the method and content of the crime, the crime is considerably poor and the liability for the crime is also heavy in view of the amount of damage.

Since the crime of Bosing is close and planned, it is difficult to crack down because it is difficult to control the crime, and there is a structural characteristic that is not easy to recover the damage, so it is necessary to strictly punish the crime.

There is no trace that the defendant has endeavored to recover damage.

In addition, the defendant, from the main point of view, has inflicted an injury upon the victim S with beer's disease by taking the victim's her face from the convenience point to the beer's face, and the danger, motive, etc. of the crime is very poor in light of the risk, motive, etc. of the crime.

The defendant has a history of criminal punishment several times for violent crimes, and there is a high possibility of criticism in that he/she committed such crimes during the period of probation.

The defendant was unable to receive suspicion from the above victims.

Such circumstances constitute unfavorable circumstances.

On the other hand, there are favorable circumstances such as the fact that the Defendant made confession of all the crimes of this case and reflects his mistake, and the degree of damage in the case of the crime of injury and assault is not serious.

In full view of the aforementioned circumstances and the equity of sentencing with cases of the same or similar type of punishment, as well as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s sentence is the Defendant.

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