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(영문) 대전지방법원 2013.12.12 2013노2010
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

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

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

Judgment

The grounds for appeal by the defendant and prosecutor shall also be examined.

The circumstances favorable to the defendant are as follows: (a) the confession and reflect of each of the crimes in this case; (b) there is no record of the same kind of crime; and (c) there are some circumstances that may be taken into account the motive and circumstances of the crimes in this case under the direction of the accomplice C.

On the other hand, in light of each of the crimes of this case, the nature of the crime is very heavy in light of the method of crime, frequency of crime, and the number of damages, etc., the defendant seems to have taken an essential role in the completion of each of the crimes of this case as well as to have acquired considerable benefits therefrom, the defendant did not agree with the victims up to the trial, and the fact that each of the crimes of this case was committed during the period of the suspension of the execution of imprisonment is disadvantageous to the defendant. In full view of all of the factors and other factors, including the defendant's age, character and behavior, environment, criminal records, circumstances after the crime, the risk of recidivism, etc., the defendant and the prosecutor's assertion are without merit.

Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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