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(영문) 대전지방법원 2018.09.14 2018노1448
사기등
Text

The judgment of the court below is reversed.

Defendant

A. One year of imprisonment, Defendant B. Of the facts constituting an offense in the judgment of the court below [2017 order 1591].

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s sentence (Defendant A’s imprisonment and one year and six months) is too unreasonable.

B. Defendant B1) The lower court separately provided three separate punishments for the crime under [2017 order 1591] 1, 2, 2, 201 [2017 order 185] and 205 [2017 order 1054], 201 order / [2017 order 1591 order / [2017 order 1591] / [201 order 370 of order / [2017 order 3700].

However, the above-mentioned provision and the crime of causing danger should be sentenced to a single punishment. Therefore, the judgment below erred by misapprehending the legal principles on concurrent crimes, thereby affecting the conclusion of judgment.

2) The sentence of the lower court (one year of imprisonment with prison labor for the crime above, one year and six months for the crime above, and one year for the crime above, one year for the crime above) is too unreasonable.

2. Defendant A committed several crimes under similar several laws during the grace period even though Defendant A was placed in a prior place of probation due to fraud.

It is highly likely that a crime is not good due to a crime against victims who have intellectual disabilities or are vulnerable to society, and there is a high possibility of criticism.

approximately KRW 27 million was used for gambling, and the above gambling money seems to have been stolen.

Although the amount of damage is small, it was not restored to the victim E except for the victim E, or it was not received from the victims.

However, Defendant A agreed with the victim E.

Defendant

A recognizes his mistake and reflects his fault when it comes to the first instance.

In full view of the above circumstances and the sentencing conditions of Defendant A, including Defendant A’s age, sexual conduct, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, the punishment imposed by the court below on Defendant A is too unreasonable.

Defendant

The judgment of the court below against the above defendant A is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the judgment is again ruled after pleading.

3. The contents of the criminal records of the judgment of the court below as to Defendant B's assertion of misunderstanding of the legal principles as to Defendant B are as follows.

(b) classification;

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