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(영문) 대전지방법원 2014.06.18 2014노629
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (two years of imprisonment) imposed by the court below against the defendant is too unreasonable.

B. The prosecutor (unfair form of punishment)’s sentence imposed by the court below against the defendant is too uneasible and unfair.

2. In addition, the Defendant’s assertion of the judgment and the prosecutor had reached seven times the criminal punishment of the Defendant for the same crime, and the two times of which were sentenced to suspension of execution or more, and the fraud of this case was committed by deceiving the amount of about 18 million won from the victim C by taking advantage of the personal trust relationship of the victim C, which had been in a relationship with the victim C, and it is not good to commit such crime. In addition, the crime of violating the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) was committed on the ground that the employees are infinite, and thus, it is very dangerous crime that led to the escape of the victim and that the victim suffered considerable shock.

However, in light of the favorable circumstances such as the defendant's confession and reply against each of the crimes of this case, the defendant's punishment imposed by the court below is somewhat inappropriate, and considering the following factors such as the victim C, L,O, R and original agreement that the defendant does not want punishment against the defendant, 50,000 won for the victim P who did not reach an agreement, and the degree of injury to the victim P was not more than 2 weeks prior to the agreement, and the defendant's life in custody for more than 6 months, and the defendant seems to have been at an opportunity to know about the degree of punishment, and other factors of sentencing such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the defendant's argument is reasonable, and the prosecutor's argument is without merit.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.

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