(영문) 창원지방법원 2018.08.16 2018노777 | 리걸엔진

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Reasons

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자간(%)

(영문) 창원지방법원 2018.08.16 2018노777

사기등

Text

The judgment below

The remainder of the compensation order, excluding the parts of the compensation order and the rejection thereof, shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Previously, the Defendant had several records of punishment for fraud, and committed each of the instant crimes at the same time during the period of suspension of execution due to such records.

The crime of this case is a similar method within a short period of time against many and unspecified persons, and thus it is not good to commit the crime.

However, the defendant recognizes and reflects the crime, and the amount of damage caused by the crime is not very significant.

Defendant

With the mother's effort, the court below paid the amount of damage to nine victims in the court below, and additionally paid the amount of damage to 14 victims in the trial, and more than half of the total amount of damage was restored.

In full view of the above circumstances and the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. As the appeal of the defendant is well-grounded, pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment of the court below excluding the part of the compensation order and the part of the rejection of the compensation order, shall be reversed, and the decision shall be again rendered following the pleadings (inasmuch as the prosecutor’s appeal has no merit, but the defendant’s appeal is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately from the order). [The criminal facts and the summary of the evidence recognized by the court of this case and the summary of the evidence thereof are all criminal facts of the judgment below. The criminal records of the judgment below are all criminal facts of the judgment below, which “the defendant is sentenced to the imprisonment of six months with prison labor at the Changwon District Court on October 20, 2016, with two

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