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(영문) 대전지방법원 2018.03.15 2017노3629
사기
Text

The part of the judgment of the court below excluding the compensation order shall be reversed.

A defendant shall be punished by imprisonment for a term of two years and two months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) each of the original judgments (the first instance court: imprisonment with prison labor for two years and the second instance court: imprisonment with prison labor for four months) is too unreasonable.

2. The judgment of the court below ex officio decided to hold a joint hearing of each appeal case against the defendant.

Each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced simultaneously in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

3. According to the conclusion, the judgment of the court below is reversed, and the part of the judgment below excluding the compensation order among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed without examining the defendant's unfair argument of sentencing, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, among victims, the victim G and R have been repaid and agreed to pay damages, etc., are favorable to the defendant, in light of the circumstances favorable to the defendant, such as the circumstances and contents of each of the crimes of this case, the poor nature of the crime was committed repeatedly against many unspecified victims, the crime of this case was committed repeatedly without being aware of each of the crimes of this case, even though there was a history of punishment several times for the same crime, and even if they had been punished for the same crime, they were committed repeatedly during the period of repeated crime due to the same crime, the sum of the acquired money was 62 million won, and

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