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(영문) 서울동부지방법원 2013.09.26 2013노557
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. According to the records of the trial at the court below, the court below sentenced the defendant not guilty as to the fraud of the victim C on July 12, 2010 among the facts charged in the case of this case, and sentenced the defendant for eight months by recognizing the remaining facts charged. The prosecutor did not appeal against this, and as long as only the defendant appealed on the ground of unfair sentencing as to the guilty portion, the above acquittal portion is separated and confirmed by the expiration of the appeal period, the scope of trial at this court is limited to the guilty portion of the judgment below

2. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the lower court’s sentence against the Defendant is too unreasonable.

3. The judgment of the defendant had the record of being punished several times for the same kind of crime, and on August 13, 2008, the defendant was sentenced to eight months of imprisonment with prison labor from the Suwon District Court Sejong District Court on the ground of the crime of false accusation and completed the execution of the sentence on February 26, 2009, and committed again each of the crimes of this case without being aware of the period for the repeated crime. The total amount of damages caused by each of the crimes of this case reaches 158,408,300 won, and the considerable portion of the above damages until the trial of the case seems to remain unrepared, are the circumstances unfavorable to the defendant.

However, in the judgment of the court below, the defendant agreed to only the victims and paid 5 million won to the victim H in the first instance, and the victims wanted to take the defendant's wife in the trial, each of the crimes of this case is related to the concurrent crimes under the latter part of Article 37 of the Criminal Act with the judgment that became final and conclusive, and as such, equality in the case where the defendant was tried together should be considered. In addition, taking into account all circumstances such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime, etc., the punishment of the court below against the defendant is somewhat heavy.

4. If so, the defendant's appeal is reasonable.

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