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(영문) 제주지방법원 2016.11.24 2016노472
사기
Text

The part of the judgment of the first instance and the judgment of the second instance excluding the compensation order shall be reversed.

Defendant 2.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each punishment (the first instance court's judgment: imprisonment of one year and two months, and the second instance court's judgment: imprisonment of one year and two months: imprisonment of four months and imprisonment of ten months for the remaining crimes) declared by the lower court is too unreasonable.

2. Determination ex officio (the part of the judgment of the court of first instance and the judgment of the court of second instance except each of the crimes listed in the judgment of the court of first instance and each of the crimes listed in the judgment of the court of second instance), prior to the judgment on the grounds for appeal by the defendant, the judgment of the court of first instance and the judgment of the court of second instance against the defendant respectively filed an appeal against them, and the court of second instance decided to hold concurrent hearings of the above two appeals. The court of first instance and the judgment of the court of second instance except each of the crimes listed in the judgment of the court of second instance excluding the compensation order of the court of second instance in the judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes listed in the former part of Article 37 of the Criminal Act with the exception of the compensation order of each of the crimes listed in the judgment of the court of second instance and the judgment of the court of second instance which separately sentenced each of the above crimes cannot be maintained in this respect.

3. Determination of unfair sentencing (the part of the judgment of the court below in Article 2) is recognized as follows: (a) in light of the background and method of each of the instant crimes, etc., the nature of the crime is not good; and (b) the Defendant is still unable to receive the written application from the victim BD and BE.

However, it is also recognized that the defendant shows an attitude against the victim by recognizing each of the crimes of this case, that the defendant has paid part of the amount to the above victims, and that each of the above crimes should consider the equity with the case where the judgment was rendered simultaneously with the perjury of the judgment of the second court that became final and conclusive.

The above circumstances and the defendant's age, environment, motive, means and consequence of the crime, and circumstances after the crime are revealed in the records and arguments of this case.

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