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(영문) 광주지방법원 2014.10.30 2014노1755
사기
Text

The judgment below

Part 1 and 3 of the judgment shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

The judgment of the court below.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment with prison labor for the crimes Nos. 1 and 3, and three months of imprisonment with prison labor for the crimes No. 2 in its holding) is too unreasonable.

2. Determination

A. On December 1, 2008, when the defendant acquired a child's employment, he/she was sentenced to a suspended sentence of 2 months for a period of 6 months from the Gwangju District Court's wooden branch on December 1, 2008 to a suspended sentence of 30 million won.

9. The fact that there has been a record of final judgment, however, that the defendant committed the crime of the crime of the crime of the crime of the crime of the No. 1 as stated in the judgment of the court below while the above probation period is repeated, etc., but the defendant recognized all of the crimes of this case, and against the defendant, the victim K of the crime of the crime of the No. 3 as stated in the judgment of the court below was agreed at the court below. The defendant deposited 5 million won for the victim of the crime of the crime of the crime of the No. 1 as stated in the judgment of the court below in the judgment of the court below, and in consideration of all the sentencing conditions of this case, such as the defendant's age, character and behavior, environment

B. The judgment on the part 2 of the judgment of the court below as to the crime of this case is recognized and contradictory to all of the crime of this case. This part of the crime of fraud and the crime of fraud for which the judgment of the court below in the judgment of the court below has become final shall be considered at the same time in determining the punishment in the latter concurrent crimes of Article 37 of the Criminal Act. However, this part of the crime is not good that the crime of this part is committed by deceiving a large amount of money by using the parent's strong mind that he is employed by the child, and the amount of the fraud is not completely recovered from damage to the victim by the name of 15 million won, and it is other than the defendant's age, character and behavior, environment, the background and result of the crime of this case,

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