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(영문) 전주지방법원 2018.01.25 2017노1615
사기등
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and eight months of imprisonment) is too unreasonable.

2. It is recognized that the instant crime is committed against a large number of unspecified victims, and that the crime is a crime that undermines the credibility of transactions through online, and the quality of such crime is inferior, that the Defendant uses the acquired amount as gambling funds, etc., that the Defendant has been punished several times for the same crime, and that the damage has not been completely recovered until now.

However, in full view of the following facts: (a) the Defendant voluntarily surrendered, and all of the instant crimes were recognized by the lower court; (b) the Defendant agreed with the victim S,Y, K, K, AH, W, and AA; and (c) the Defendant’s entire recovery of damage to the Victim K during the first instance trial; and (d) the Defendant’s age, sexual conduct, environment, circumstances leading to the instant crime, motive, and circumstances before and after the instant crime, etc., the lower court’s punishment is deemed unfair and unfair.

3. In conclusion, the part of the judgment below excluding the compensation order is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and it is decided again after pleading as follows.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 246(2) and the main sentence of Article 246(1) (the point of habitual gambling) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (2) (b) of the Criminal Act on the grounds of the sentencing of concurrent crimes shall be determined as ordered in consideration of the above sentencing conditions.

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