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(영문) 서울고등법원 2014.05.30 2014노865
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for a period of four years from the date this judgment became final.

Reasons

1. The court below rendered a judgment dismissing the prosecutor's request with respect to the defendant's case and the case for which a request to attach an attachment order was made. Accordingly, since only the defendant appealed to the part of the defendant, the part of the judgment of the court below regarding the case for which a request to attach an attachment order was already determined

2. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., three years of imprisonment) is too unreasonable.

3. The crime of this case, under the pretext of the Defendant’s misrepresentation of film supervision, entices three victims, who are probured, into a telecom, by using the position and authority of film supervisor, and sexual intercourses over four times in total, thereby seriously infringing on the sexual freedom of the above victims. The crime of this case is committed on the basis of the U.S. Adoption Support Project, etc., and on the other hand, by defrauding or attempted money against other victims, and the crime is very poor. The Defendant created a situation where only two victims and two persons are involved in the closed space where the project is planned, and considers an error to determine whether to take the above three persons into consideration, under the pretext of which the above victims had sexual intercourse with the Defendant by delaying the Defendant’s sexual humiliation by a part of the front body of the front body, and the means, method, result, etc. of the crime is highly likely to social criticism in the way, result, etc. of the crime.

On the other hand, the fact that the defendant is the first offender who has no record of criminal punishment, the relationship between the family of the defendant is clear, the defendant recognizes all the facts charged and reflects his/her depth on his/her mistake, and the victims have not been punished by mutual consent with all victims after the judgment of the court below was rendered.

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