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(영문) 인천지방법원 2017.01.19 2016노3957
사기등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by imprisonment for a period of six months.

, however, the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (one year of imprisonment, six months of suspended sentence, two years of suspended sentence, observation of protection, social service hours) is too unreasonable.

2. Determination

A. It is recognized that Defendant A made a confession of all crimes and reflects the wrongness of Defendant A, Defendant A paid part of the amount of damage to Defendant F, Defendant A has no record of having been sentenced to punishment exceeding the same criminal record or fine, and Defendant A’s health status is not good.

However, in full view of the various circumstances, including Defendant A’s age, sexual conduct, motive, means, and consequence of the instant crime, Defendant A’s motive, consequence, etc., and change the mileage of the vehicle several times, and the amount of damage caused by the fraud is large and not recovered properly, Defendant was unable to agree with the victim F; Defendant’s failure to agree with the victim; Defendant’s risk of traffic accidents by making it difficult to manage the vehicle according to the odometer; Defendant A’s age, sexual conduct; Defendant A’s motive, means, and consequence of the instant crime; and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

B. The crime of this case against Defendant B is acknowledged that Defendant B arranged twice for the sale and purchase of spokes. The distribution of spokes makes it difficult for the State to manage vehicles and facilitate various criminal acts, and the nature of the crime is not good, and Defendant B has been sentenced to a fine for the same kind of crime.

However, since Defendant B led to the crime of this case, the benefits acquired by Defendant B were not significant due to the crime of this case, Defendant B suffered symptoms such as paralysis, etc. with disabilities of the 4th degree brain disease, and the community service order imposed by the court below is implemented.

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