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(영문) 부산고등법원 2019.05.16 2018노755
사기등
Text

1. Of the judgment of the court below of first instance, the part on Defendant B and F, the part on Defendant B, F, and CD among the judgment of the court below of first instance, and the part on Defendant B, F, and CD.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court of first instance to Defendant A (an unreasonable sentencing on the judgment of the court of first instance) (an additional collection of imprisonment of three years and eight million won) is too unreasonable.

B. Each sentence (the first instance court's imprisonment: 2 years and 6 months; 80,000 won in addition, 80,000 won in imprisonment, 8 months in the second instance court; 3 months in imprisonment, and 2 months in prison) that the lower court sentenced Defendant B to the Defendant B is unreasonable.

C. Each sentence (Article 1: 3 years of imprisonment and collection of 80,000 won, 3: 2 months of imprisonment, and 4: 10,000 won) of Defendant F (an unreasonable sentencing on the judgment of the court below against the judgment of the court below 1, 3, and 4) sentenced by the court below to Defendant F is too unreasonable.

Defendant

The sentence (two years of suspended sentence for six months of imprisonment) imposed by the lower court on Defendant CD (unfair sentencing against the lower court’s judgment) is too unreasonable.

2. As to Defendant A’s assertion, the fact that Defendant A recognized all of the crimes of this case and reflects the wrongness thereof, that the victim G andO did not want punishment against the above Defendant under a mutual agreement with Defendant A, that the victims of special larceny appear to have been recovered most, and that Defendant A agreed with the victim AJ of the crime of bodily injury as stated in the judgment of the first instance and that the above victim did not want punishment against Defendant A is favorable to Defendant A.

However, in light of the role of Defendant A in each of the instant crimes, the details and methods of the instant crimes, the type of crimes, the period, frequency or repetition of the crimes, the number of victims, and the degree of damage, etc., the above crimes are very poor and serious, and the victims have suffered severe mental or physical pain or economic damage due to Defendant A’s crimes, and other arguments of this case, such as Defendant A’s age, character and behavior, environment, motive and means of the crimes, circumstances after the crimes, etc.

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