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(영문) 대전지방법원 2018.06.27 2017노3400
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

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

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant was fully waiting for committing the crime, and that the defendant has no record of punishment exceeding the fine.

On the other hand, the court below did not seem to have an attitude against the defendant, such as the fact that the defendant did not endeavor to recover damage even though the court had sufficiently given the opportunity to recover damage to the defendant during the trial process, that the victims failed to reach an agreement with the victims, that the defendant wants to punish the defendant, that the defendant had been absent in the trial court, and that the defendant had an attitude to disregard the criminal procedure. The majority of the victims and the fact that the amount of damage

Considering the above circumstances and all of the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence sentenced by the court below is deemed unfair because it is unfunched.

3. In conclusion, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant’s appeal is again decided as follows after pleading (as long as the prosecutor’s appeal is reversed on the grounds of its reasoning, it does not dismiss the defendant’s appeal separately). 【The judgment to be used again is the same as the facts constituting the crime and the summary of evidence recognized by the court below as stated in the corresponding column of the judgment below, and thus, all of them are cited pursuant to Article 369 of

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravated Punishment) of the Aggravation of Concurrent Crimes (Aggravated Punishment) of the Criminal Act shall be the penalty stipulated in the crime of fraud against the victim B with the largest penalty.

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