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(영문) 인천지방법원 2016.09.01 2016노2523
상습사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for up to seven months.

Reasons

1. As to the summary of the reasons for appeal (six months of imprisonment) by the court below, the prosecutor asserts that the prosecutor is too unhued and unfair, and the defendant asserts that it is too unreasonable.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

The defendant recognizes all crimes and reflects it.

In the court below, all of the victims of habitual fraud, obstruction of business, and damage to property were agreed upon, and 50,000 won was deposited in the court below for Ma of the police officers who suffered from insult and obstruction of performance of official duties.

However, the Defendant was sentenced to 36 times in total due to fraud, violence, etc., and 2 years in prison for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) and sentenced to 3 years in probation on November 9, 2013, which became final and conclusive on November 9, 2013 and is still under probation, the Defendant’s liability for the instant crime is not

In particular, even before the crime of this case was committed, the crime of fraud, obstruction of performance of official duties, assault, etc. was committed during the period of the above suspension of execution, and the punishment was imposed more than six times in 2014 and 2015, but the crime of this case was committed again, there is a high possibility of criticism against the defendant.

In addition, in this case, a police officer called out after receiving 112 report in this case is not bad in that he insultd and obstructed performance of official duties, and he has not received a letter from a victimized police officer until now.

In full view of the various circumstances, including these circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, even considering the situation in which the Defendant deposited KRW 500,00 for the victimized police officer at the trial, the sentence imposed by the lower court cannot be deemed too heavy, and it is recognized that the sentence imposed by the Defendant is somewhat unreasonable.

3. In conclusion, the appeal by the defendant is without merit, but the prosecutor's appeal is with merit.

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