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(영문) 전주지방법원 2020.04.09 2019노1789
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment and fine of 100,000 won) is too unreasonable.

2. It is recognized that the Defendant: (a) committed his/her offense from the investigation stage to the trial of the case; and (b) the victim C compensateed the victim C for the amount of KRW 150,000 and agreed that C expressed his/her intention to not punish the Defendant.

However, the Defendant committed the crime of fraud against the victim C, I, and L, even though it was significantly poor in the nature of the crime, such as interfering with the work of the above victims or destroying things, etc., the Defendant was unable to completely recover from the harm of the victims other than the victim C, and the victim P of a special assault could have suffered a large amount of injury if the Defendant was faced with the wall that the Defendant was faced with. The Defendant was sentenced to imprisonment with prison labor for fraud and special intimidation at the Gwangju District Court's net Support on March 29, 2017, on August 2, 2018, and was sentenced on August 17, 2018, the Defendant did not commit the crime of fraud such as fraud, obstruction of business, etc., and committed each of the crimes of this case without being sentenced to punishment by the lower court by taking account of the following circumstances: (a) the Defendant was under punishment, other than the above, the Defendant was under punishment by imprisonment with prison labor, which exceeded the age of the Defendant on June 15, 2016.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the fourth 10 to fifteen of the written judgment of the court below shall be corrected ex officio, as follows:

The judgment of the court below is delivered.

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