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(영문) 수원지방법원 2015.07.07 2014노7855
사기등
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a defense counsel (unfair) commits a mistake against the defendant, and that the defendant did not have the intention to commit the crime of fraud in this case from the beginning, the defendant did not have the intention to commit the crime of fraud in this case, the defendant reported the defendant's wife and committed the crime of bodily injury in contingency, and immediately after the crime was committed, the victim was transferred to the hospital, and the victim was treated at the expense of the defendant. The victim paid KRW 1 million in relation to the crime of bodily injury in this case, the health status of the defendant and his parents is not good, and each of the crimes in this case should be considered at the same time in relation to concurrent crimes with the crimes for which judgment has become final and conclusive, it is unfair for the court below that the defendant sentenced six months of imprisonment with prison labor is too unreasonable.

B. In light of the following: (a) the defrauded amount of the instant fraud crime was 30 million won or more; (b) the damage recovery was not made; (c) the risk of the act of the Defendant’s act was considerable to the Defendant’s price of the face of the victim, who is a principal father of the human body, as a router for camping; and (d) the Defendant did not have to repent, such as partially denying the crime at the lower court, and there was a number of records of criminal punishment, the sentence imposed by the lower court is too unreasonable.

2. The instant crime of fraud was committed by the Defendant by remitting KRW 30 million from the victim as a loan, and the instant crime of injury was committed by the Defendant with the face of the victim while the Defendant citing the victim for camping, thereby causing approximately two weeks of treatment to the victim. It is not good to form a crime, and there was no damage compensation for the fraud up to the trial.

In addition, the defendant was sentenced to imprisonment with prison labor for a crime of bodily injury resulting from rape in the Suwon District Court's Ansan branch, and was sentenced to criminal punishment for a period of two years and six months.

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