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(영문) 창원지방법원 2016.07.14 2016노935
사기
Text

The judgment below

Each of the crimes of No. 2 in the judgment (2015 order 3017) shall be reversed.

Each of the two-dimensionals of the judgment below held by the defendant.

Reasons

1. The summary of the grounds for appeal that the court below rendered on the defendant is too unreasonable [one year of imprisonment with prison labor for each of the crimes of 1st (2015 senior group 2595) as stated in the judgment of the court below, and six months of imprisonment for each of the crimes of 2th (2015 senior group 3017) as stated in the judgment of the court below].

2. Determination:

A. We examine each crime of Article 1 of the judgment of the court below (2015 order 2595 order 2595) as to each crime of Article 1 of the judgment of the court below. The defendant led to confession and reflect on each crime of Article 1 of the judgment of the court below (2015 order 2595 (hereinafter "each crime of Article 1 of the judgment of the court below") (hereinafter "each crime of Article 1 of the judgment of the court below"). Each crime of Article 1 of the judgment of the court below is reasonable and reasonable.

On the other hand, the sum of the damage amount of each of the crimes in Article 1 of the decision of the court below is about KRW 110 million, and the defendant did not agree with the victim D until the judgment of the court below was rendered, and no effort was made to recover the damage (the defendant alleged that the above victim paid approximately KRW 30 million out of the total damage amount to the above victim, but the defendant paid interest or living expenses to the above victim at the investigative agency.

In light of the fact that the statement (Evidence No. 1, 34 pages, 155 pages), the fact that the investigative agency recognizes the amount of damage from this part (Evidence No. 1, 138 pages), and the fact that the victim wants to punish the defendant, while the actual amount of damage exceeds KRW 160 million (the page 41 page of the trial record), it is difficult to deem that the account records pointing out by the defendant alone paid part of the amount of damage to the above victim to have been partially repaid to the above victim). In light of the fact that the defendant was a criminal record of two suspended executions for the same crime, it is inevitable to make a strict sentence on each crime under Article 1 of the judgment of the court below.

In addition, the court below seems to have determined the punishment for this part by taking into account all the circumstances, and it was shown in the records and arguments of this case, such as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime.

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