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(영문) 인천지방법원 2015.10.30 2015노2233 (1)
사기등
Text

The judgment below

The part of the defendant D against the defendant is reversed.

Defendant

D. A person shall be punished by imprisonment for a term of two years.

Defendant .

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the court below on the Defendants is too unreasonable.

2. Determination

A. It is recognized that Defendant A’s murder case, Defendant A’s partial return of the money received under the pretext of solicitation and good offices, Defendant A’s health status is not good, and Defendant A and his spouse could have been tried simultaneously with the crime for which judgment became final and conclusive in some cases.

However, Defendant A has a history of being subject to criminal punishment twice for a violation of the Attorney-at-Law Act, and the crime of violation of the Attorney-at-Law Act has no change of circumstances after the judgment of the court below, and there is a high risk of impairing the social confidence in the fairness of execution of official duties and the misappropriation, as well as distorted the functions of investigation and trial. Defendant A committed the same kind of crime even though he was placed prior to the two or more suspended sentence, there is an aggravated element in sentencing. Furthermore, Defendant A committed the same crimes in sentencing, and the amount acquired by the Defendants through the crime of violation of the Attorney-at-Law Act is a considerable amount. The sum of money acquired by the Defendants through the crime of violation of the Attorney-at-Law Act is high, and there is no agreement with the victims of the fraud. Defendant A does not appear to have been determined by the court below after considering all favorable circumstances asserted by Defendant A, and the court below cannot accept the sentence of punishment too unfair considering all the circumstances of Defendant A, including the age, character and behavior of Defendant A, the circumstances surrounding the crime of this case, and the records.

B. The fact that Defendant C recognized all crimes, and agreed with Defendant C’s victim A of fraud;

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