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(영문) 춘천지방법원 강릉지원 2015.10.22 2015노493
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. Determination of the number of victims due to each of the instant crimes is more than 20 persons, substantial damage recovery seems to have not been achieved, and the Defendant has several previous records, including punishment, and there are unfavorable circumstances.

However, in full view of the fact that the defendant was against the victim L, W, K, Q in the original trial, and the fact that the defendant agreed with AD,O, P, and N in the original trial, and the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, means and consequence, etc., the sentence of the lower court is unfair as a result, and it is unreasonable in full view of various sentencing conditions in this case, including the circumstances before and after the crime.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for the sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50(a) of the Criminal Act among concurrent crimes [the scope of recommending punishment] and the aggravated area (1 to 2 years and 6 months) (1 to 100 million won) of the aggravated area (1 to 100 million won) (1 to 2 months) [the decision of sentencing] multiple victims [a person under special relationship]] according to the reasons for sentencing determined in the above paragraph (2), the punishment shall be determined as per the order, deviating from the lower limit of the recommended sentence range according to the sentencing guidelines.

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