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(영문) 대구지방법원 2016.05.18 2016노389
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Regarding each of the unlawful arguments of sentencing by the Defendant and the prosecutor on the grounds for appeal, the Defendant repeatedly committed each of the crimes of this case in spite of the fact that the Defendant had been punished several times for the same kind of crime, and each of the crimes committed by an investigative agency after being investigated by the investigation agency is recognized. In light of the form of each of the crimes of this case, method, period, frequency, etc. of each of the crimes of this case, the nature of the crime is very bad and bad, etc.

However, given that the Defendant’s mistake is divided in depth, there is no criminal history heavier than a fine, and that there was no criminal history heavier than a fine, and that there was partial recovery of damage in depth, and that there was an agreement with the victim Q, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions stated in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is reasonable, while the prosecutor’s assertion is without merit.

3. According to the records of the judgment on the part of the compensation order case, the applicant for compensation is not the victim of each crime of this case, and thus the application for compensation order is not lawful.

4. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the judgment below is ruled again after pleading (Provided, That as long as the judgment of the court below is reversed on the grounds of the defendant's appeal, the prosecutor's separate appeal shall not be dismissed) and the application for compensation order filed by the applicant for compensation pursuant to Article 32(1)1 and (2) of the Act on Special Cases concerning the

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.

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