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(영문) 춘천지방법원 강릉지원 2012.12.18 2012노206
사기등
Text

The part of the judgment of the court below, excluding the dismissed portion of the application for compensation order, and the part concerning the defendant 2.

Reasons

Summary of Grounds for Appeal

The sentencing of each judgment of the court below is too inappropriate.

Before the judgment on the grounds for appeal for ex officio judgment, the defendant filed an appeal against each judgment of the court below, and this court decided to conduct a consolidated hearing of the above two appeals cases.

Article 38(1) of the Criminal Act provides that a single sentence shall be imposed within the scope of the term of punishment subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act for the crime of 201 Godan91 and 201 of the judgment of the court below among the judgment of the court of first instance. As such, the part concerning the crime of 201 Godan91 as stated in the judgment of the court of first instance and the judgment of the court of second instance shall be reversed in entirety.

Although the above reasons for ex officio reversal exist, the Defendant’s argument of unreasonable sentencing regarding the crime of the 201 Highest 1053 case in the judgment of the court of first instance is still subject to the judgment of the court of this court, and this is

Of the judgment of the court below in the judgment of the defendant 1, the defendant did not reach an agreement with the victim M, and did not completely recover the damage suffered by the victim M, and the victim M spent more expenses than the initial real estate sale price in order to complete the registration of ownership transfer in the future with respect to the 6,500 square meters of HH forest, 4,167 square meters of I forest, 6,500 square meters of I forest, and J forest 6,500 square meters of the same JJ forest in the East Sea, and caused considerable damage to each of the above forests because the roads for each of the above forests are not constructed. However, the defendant agreed with the victim AC, while the defendant committed the crime of this case after the crime of this case, the defendant's age, environment, motive of the crime, circumstances of the crime, previous criminal records, etc., including the fact that the victim M M did not reach the amount of actual damage by completing the registration of ownership transfer in his name with respect to each of the above land.

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