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(영문) 대전지방법원 2020.04.22 2020노503
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of all the facts charged by the Defendant committed the instant crime, the Defendant’s mistake is seriously against the Defendant’s depth, and the state of health due to urology, etc. is not good due to urology due to urology, etc., which led to each of the instant crimes, not malicious crimes, and the agreement with some victims, etc., the lower court’s imprisonment (three years of imprisonment) is too unreasonable.

B. In light of the circumstances, period, and method of each of the instant crimes committed by the public prosecutor, the nature of the crime is less and less severe, and considering the fact that, even though a large amount of money was stolen or embezzled from a large number of victims, most of the damages still have not been recovered, the above punishment of the lower court is rather unreasonable.

2. Determination

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.

In light of the above legal principles, the court below sentenced the defendant to the above punishment on the grounds of the sentencing stated in its reasoning. The circumstances alleged by the defendant and the prosecutor are already considered in the court below's determination of the punishment, and the new sentencing data that can change the sentence of the court below is not submitted in the court below. Other factors such as the defendant's age, character, character, environment, criminal records, criminal records, motive, means and consequence of the crime, the circumstances after the crime were committed are considered as appropriate, and the court below's punishment against the defendant is too heavy or too heavy.

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