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(영문) 대전지방법원 2018.10.10 2018노1907
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. In light of the form, method, frequency, etc. of each of the instant crimes, the fact that the commission of each of the instant crimes is extremely poor, the victims are many, and the amount of damage exceeds KRW 20 million in total, and the fact that the commission of each of the instant crimes committed repeatedly without being aware of the period of repeated crime due to the same type of crime, and that the commission of each of the instant crimes committed repeatedly is disadvantageous to the Defendant.

However, the defendant's confession and reflects all of the crimes, and does not repeat again.

In light of the fact that the court below's punishment imposed by the court below is unfair, considering all the sentencing conditions in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, and circumstances after the crime, etc., it is judged that the punishment imposed by the court below is unfair because it is unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

【Inasmuch as the facts constituting a crime and the summary of evidence recognized by the court are as stated in the corresponding column of the judgment below, all of them are cited 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 sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Criminal Act that aggravated concurrent crimes shall be determined in full view of the various circumstances as seen earlier prior to the reasons for sentencing.

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