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(영문) 광주지방법원 2017.05.30 2017노585
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. Each of the crimes of this case committed by the judgment defendant constitutes a single concurrent crime after Article 37 of the so-called Criminal Code, and thus, the equity should be taken into account when the judgment was rendered concurrently with the crime of this case.

However, the Defendant did not cause the victims to recover from damage, and the Defendant committed each of the crimes in this case while being tried for a fraudulent crime as indicated in the judgment of the court below, and the detention warrant was issued because the Defendant did not faithfully comply with the judgment of the court of the first instance, and there is no change in the sentencing conditions at the trial of the court.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, it is difficult to accept the Defendant’s argument [On the other hand, the Defendant submitted a written agreement with the victim.

In light of the above, the victim's intent to cancel the complaint or withdraw his/her wish to punish is a legal act against an investigation agency or a court, and thus, it should be done with the investigation agency in charge of the case before the prosecution and the court of the lawsuit after the prosecution (Supreme Court Decision 2011Do17264 Decided February 23, 2012). The victim submitted a written agreement with the court where other criminal cases against the defendant are pending on April 15, 2015, before the prosecution of this case. The victim did not submit any document at the time of the investigation agency or the court below after the prosecution of this case, and the victim prepared a written agreement with the investigative agency by force on the part of the defendant. The victim's intent to cancel the complaint or withdraw the punishment of the victim has duly arrived.

It is difficult to see.

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