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(영문) 창원지방법원 2017.02.08 2016노2884
사기등
Text

1. The judgment below is reversed.

2. Defendant A’s imprisonment with prison labor for the crimes Nos. 1, 2, and 4 in its holding, and No. 6, 7, and 4 in its holding.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the Defendants (two years of imprisonment, three months of suspended sentence, three years of suspended sentence, three years of probation, two years of observation of protection, and 20 hours of community service) is too unreasonable.

2. Determination

A. The Defendants’ assertion 1) The crime of this case committed by Defendant A in collusion with Defendant B is an unfavorable circumstance where the crime of this case is committed on the grounds that Defendant A, in collusion with Defendant B, obtained a total of KRW 50 million from the victim P, by either remitting or receiving KRW 130 million from the victim E individually, and by assaulting the victim S, by carrying the excessive amount of dangerous goods, and by threatening the said victim, and by embezzlement of promissory notes equivalent to KRW 10 million owned by the said victim.

However, it is advantageous to the following facts: (a) Defendant A made a confession of all of his criminal acts at the latest, and there is no history of punishment for criminal records, fraud, or violence committed by Defendant A; (b) the victim E, S, P, and the victim did not want punishment for Defendant A in the trial; (c) the degree of assault used against the victim S is relatively minor; and (d) the crime Nos. 1, 2, and 4 of the judgment of the court below should be considered in relation to the crime of violation of the Ship Personnel Act and the crime of concurrent crimes after Article 37 of the Criminal Act as stated in the judgment of the court below.

In full view of the above circumstances and other conditions of sentencing, including Defendant A’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below on the above Defendant is deemed unfair as it was unreasonable.

Therefore, Defendant A’s argument of sentencing is justified.

2) Defendant B’s each of the instant crimes committed by Defendant B in collusion with Defendant A, with the victim P, with a single victim of KRW 50 million.

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