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(영문) 대전지방법원 2014.04.10 2013노2917
사기등
Text

The judgment below

Part 1-A, b, d and 2-3 of the ruling shall be reversed.

Defendant .

Reasons

The summary of the grounds for appeal (unfair punishment) of the original judgment (two months of imprisonment, two months of imprisonment) is too unreasonable.

Judgment

The judgment below

Part of the crime No. 1-A, B, D, 2, and 3 of the ruling is a situation unfavorable to the defendant, such as the fact that the defendant has a record of being punished several times for the same crime, that there are many victims by deceiving them, and that there is a considerable amount of money up to 2,7570,000 won, and that there is no good quality of the crime such as exercising the victim C by altering official documents and official drawings.

However, in full view of the following: (a) the Defendant led to the confession of all of the crimes in this part of the judgment below; (b) the victims wanted the Defendant to take a preference by mutual agreement with the victim C, F, and H during the trial; (c) equity with the case where the first head of the first crime in the judgment of the court below was judged simultaneously with the crime that became final and conclusive; and (d) other sentencing conditions such as Defendant’s age, character and conduct, environment, circumstances leading to the instant crime; and (e) circumstances after the commission of the crime, etc., the sentence sentenced to crimes No. 1-A, B, D, 2, and 3

This part of the defendant's argument is justified.

The judgment below

There are extenuating circumstances such as the confession of the Defendant on the part of the crime No. 1-C. in this case, and the violation of the mistake in depth, and the agreement with the victim G when it comes to the trial.

However, in full view of this part of the crime committed while the defendant was tried for the same kind of crime, and the nature of the crime is not particularly good, the defendant has been tried for the same kind of crime, and other various sentencing conditions such as the defendant's age, character and conduct, environment, circumstances of the crime in this case, and circumstances after the crime, it is not recognized that the sentence of imprisonment with prison labor for two months for the crime in Article 1 of the judgment of the court below is too unreasonable.

This part of the defendant's assertion is without merit.

In conclusion, among the judgment below, the crimes of No. 1-A, B, D and 2-3 of the judgment.

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