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(영문) 서울중앙지방법원 2015.01.29 2014노4798
사기등
Text

The judgment below

We reverse the part on the crime of Nos. 1-5 and 7 of the judgment.

Imprisonment with prison labor for the crimes of paragraphs 1-5 and 7 of the judgment of the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentencing (one year of imprisonment and one million won of fine for the crimes of No. 1-5 and 7 at the time of sale, and a fine of 500,000 won for the crimes of No. 6 at the time of sale) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant with respect to the crimes of Articles 1-5 and 7 in the judgment below, the prosecutor applied for changes in the indictment with respect to the crimes of Articles 1-5 and 7 in the judgment of the court below, and the prosecutor applied for changes in the indictment with respect to the crimes of Articles 7 in the judgment of the court below. Since the above court permitted the changes, the above part

On the other hand, even though the defendant had been punished several times for the same kind of crime in the past, if only one day after the execution of the final sentence was completed, the defendant committed the crimes of 1-5 in the decision of the court below.

However, the defendant made a confession of all the above crimes up to the trial of the court, and made it hard to say that the mistake will be divided in depth, and that the defendant will not repeat again in the future.

In addition, the victim of the crime of theft of this case (the third crime at the time of sale) did not recover the damaged goods immediately after the crime and have the criminal punishment of the defendant (the investigation record 7-11), and the victim of the crime of larceny of this case is only less than 20,000 won in total.

In addition, in full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., the sentence imposed by the lower court is deemed to be excessively unreasonable.

Therefore, the part of the judgment of the court below regarding the crime Nos. 1-5 and 7 cannot be reversed in its entirety.

B. As to the part concerning the crime No. 6 of the judgment, the Defendant made a confession of the crime, and his mistake is divided in depth.

In addition, the punishment should be determined in consideration of equity in the case of a judgment at the same time in the relationship of concurrent crimes with the previous conviction in the judgment of the court below.

However, the defendants are several times for the same crime.

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