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(영문) 대구지방법원 2014.01.23 2013노3754
사기
Text

The judgment of the court below is reversed.

No. 2 of the judgment of the defendant

(b).

And 5-

(c)one month of imprisonment for each offence;

Reasons

1. Summary of grounds for appeal;

A. Article 2 of the Judgment of the court below which rendered by the public prosecutor

(b).

And 5-

(c)in two months of imprisonment for each crime, the provisions of Articles 1 and 2-A of the holding of the court below;

ARTICLE 3-A,

ARTICLE 4 and 5-

A. 4 months of imprisonment for each crime, as set forth in the decision of the court below

(b)and 5-

(b).

b) The punishment imposed by the lower court is too unreasonable and unreasonable. (2) The judgment and the Defendant’s assertion on unreasonable sentencing are also examined on the grounds that the sentence imposed by the lower court is too unreasonable. 2. The Defendant, as if the Defendant were to work as a multi-face employee or a drinking house employee, obtained the money by means of so-called “filtering”, which does not work in advance, and repeats the same method despite the fact that the Defendant had been punished several times ( even before the period of suspension of execution of punishment, even three times and the previous convictions who were punished by a fine for the same crimes, in particular, the victims, L, F, AF, V, AH, AM, Z, and Q were committed during the suspension of execution, and the total amount of damage to each crime reaches approximately 40,000 won, and the victim AP did not recover from most victims, and thus the victim’s damage was not used.

On the other hand, the fact that the defendant acknowledges and reflects a crime, and that the amount of damages for each individual crime cannot be said to be large, and some crimes constitute concurrent crimes as defined in the latter part of Article 37 of the Criminal Act and concurrent crimes as defined in the latter part of Article 39(1) of the Criminal Act, which require the determination of punishment by taking into account the case of concurrent trials and equity, etc.,

In full view of the above-mentioned normal relationship, the Defendant’s age, character and conduct, environment, home circumstances, circumstances of each of the instant crimes, etc., and the circumstances revealed in the arguments, the lower court’s sentence imposed on each of the instant crimes.

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