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(영문) 대구지방법원 2015.04.16 2015노801
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (six months of imprisonment) against the Defendant by the Prosecutor is too unhued and unreasonable.

B. The lower court’s sentence against the Defendant is too unreasonable.

2. The judgment of the Defendant recognized each of the crimes of this case, and against the mistake, the amount of damage was not so significant, and the Defendant recovered a considerable portion of damage to the victims. Among them, some victims do not want the punishment of the Defendant is favorable to the Defendant.

On the other hand, the defendant committed the crime repeatedly against unspecified or many victims, the defendant was committed for the same kind of crime including two times of punishment, and the defendant committed each of the crimes of this case during the period of each repeated crime due to the same kind of crime which was sentenced two times of punishment, is disadvantageous to the defendant.

In addition, the defendant's age, character and conduct, environment, the circumstances and results of each of the crimes in this case, and the scope of recommended sentences in accordance with the sentencing guidelines set by the Sentencing Committee of the Supreme Court [Determination of types] and the scope of recommended sentences [the amount below KRW 100 million] by the Sentencing Committee of the Supreme Court [Special Sentencing]. Where the defendant's age, character and conduct, environment, circumstances after the crime in this case, etc. are committed for an unspecified or large number of victims or for a considerable amount of damage recovery, the factors that have been aggravated: where the defendant committed a crime for an unspecified or large amount of victims or for a considerable period of time, the area of aggravated repeated offense in the same kind [the scope of recommended punishment] is recognized as unfair

Therefore, the prosecutor's argument is justified, and the defendant's argument is without merit.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is without merit, but the prosecutor's appeal is with merit.

Criminal facts

The summary of this and the facts charged by the court and the summary of the evidence are as follows.

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