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(영문) 전주지방법원 2018.04.13 2018노20
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s above sentence is too uneasible and unreasonable.

2. Determination

A. As to the grounds for appeal of this case, the fact that the defendant obtained money from the victims due to the crime of this case, and in particular, the victims did not inform the victims of the fact that they received money from the victims continuously, etc. is disadvantageous to the defendant.

However, in light of the following: (a) the Defendant paid KRW 60 million at the trial of the party and agreed with the victims, and the victims wanted the Defendant’s wife; (b) the Defendant was the first offender, and the investigative agency recognized all the instant crimes from the criminal investigation agency, and is in profoundly against the Defendant’s wrongness; and (c) other various sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, environment, sexual conduct, background, means and consequence of the crime, and circumstances after the crime, are considered, the lower court’s punishment is too unreasonable.

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

B. Upon ex officio determination as to the compensation order, the court below rendered a compensation order of KRW 27,00,000 to the applicant C, to the applicant D, to pay KRW 28,500,000 to the applicant E, and to the applicant E, to pay KRW 28,50,000,00 to the compensation applicant. However, the compensation applicant is not clear in the first instance court’s agreement with the defendant. Thus, the part of the compensation order among the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following is judged after pleading. The part of the court below's order for compensation against the applicant for compensation is revoked and the application is dismissed.

【Reason of the judgment below】 Facts constituting an offense and summary of evidence recognized by the court is the original judgment.

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