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(영문) 대전지방법원 2020.11.25 2020노1917
사기등
Text

The judgment below

The remainder of conviction except the dismissed part of the application for compensation shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The court below rejected the application for compensation of the applicant, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the court below rejected the application for compensation of the applicant, and thus, dismissed the above application for compensation immediately became final and conclusive.

Therefore, the dismissal part of the judgment of the court below is excluded from the scope of adjudication of this court.

2. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

3. The judgment of the court below is based on the following: (a) the case is a systematic fraud crime committed against the defendant, and the case was committed for a long time against many unspecified victims; (b) the total amount of damage was extremely poor; and (c) the necessity for the strict punishment of the crimes of Bosing, etc., it is inevitable to sentence sentence against the defendant, in view of the fact that the court below is a systematic fraud crime committed against an unspecified number of victims.

However, considering the following factors: (a) the Defendant committed all crimes of this case, and committed a mistake in depth, and there is no history of punishment in addition to a minor fine, and there is no further agreement with the nine victims, as well as the agreement with the nine victims in the lower court, the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the lower court’s punishment against the Defendant is too unreasonable.

4. Thus, the defendant's appeal is with merit, and the part of the judgment below's conviction except the dismissal of the application for compensation among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed and it is again decided as follows.

【Discied Judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting the offense and summary of evidence. Therefore, the judgment of the court below is identical to each corresponding column of the judgment below.

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