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(영문) 대전지방법원 2014.12.17 2014노2730
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 (e.g., imprisonment with prison labor for 10 months) that the court below sentenced against the defendant is too unreasonable.

2. The judgment is based on the following facts: each of the instant crimes committed by the Defendant, even though the Defendant did not have the intent or ability to pay the price, was provided with, and the quality of the crime is not good; the Defendant’s criminal punishment was 20 times due to the same crime; the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Daejeon District Court on March 23, 2012; and the Defendant repeatedly committed the instant crime during the period of repeated crime without being aware of the completion of the execution of the sentence in the Daejeon District Court on October 27, 2012.

However, in full view of all the circumstances that led to the crime of this case, including the fact that the defendant led to the crime of this case, the defendant's confession and reflects his mistake, the victim D and the victim of this case of this case of this case of this case of this case of this case of this case of 2014Kadan1826, which led to the judgment of the court below, the victim did not want the punishment against the defendant, the total amount of damage is a small amount of 6.40,00 won, the defendant is relatively small amount of 6.40,000 won, and the defendant's opportunity to be informed of the punishment through confinement life of more than 6 months, the defendant appears to have been able to have been an opportunity for care and carer, the fact that the defendant has grow up in an uncertain family environment and is living faithfully without reoffending, and other favorable circumstances that led to the crime of this case of this case of this case of this case of this case of others, the circumstances and motive, the defendant's age, character and behavior, family relationship, occupation, etc.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable.

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