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(영문) 대전지방법원 2016.11.17 2016노1892
사기
Text

Of the judgment of the court below of first instance, the part on the crime No. 7 of the attached Table 1 of the judgment of the court below and No. 2.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for the crimes listed in the No. 1 or No. 7, and for the crimes listed in the No. 1 or No. 6, which are listed in the Attachment No. 1 or No. 6 as stated in the judgment of the court of first instance), is too unreasonable.

2. The court of the trial at its discretion decided to hold a joint hearing of each appeal case against the defendant by the court below.

From the judgment of the court below of first instance, the crime of fraud listed in the annexed list No. 7 in the judgment of the court below and the crime of fraud of the court of second instance in the annexed list No. 37 of the Criminal Act are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single punishment shall be imposed within the period of punishment for aggravated crimes

In this respect, the part of the judgment of the court below concerning each of the above crimes cannot be maintained as it is.

However, even if there is a reason to reverse ex officio as above, the defendant's assertion of unreasonable sentencing regarding the crimes listed in Nos. 1 through 6 of the annexed crime list in the judgment of the court of first instance is subject to the judgment of the court of this court.

3. The circumstances favorable to the Defendant are as follows: (a) the Defendant’s decision on the assertion of unreasonable sentencing on the crime Nos. 1 through 6 of the annexed list of crimes indicated in the judgment of the court below is the time of the instant crime; (b) the Defendant has agreed with the victim C at the time of the trial; and (c) the equity with the case of a judgment at

However, the defendant committed the crime of this case against many victims even though he was subject to criminal punishment for the same crime several times, and the crime of this case is acquired by deceiving college students, etc. to have them find employment, and the crime of this case is very poor in light of the form of the crime and the method of the crime, and most of the victims did not recover from damage.

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