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(영문) 대전지방법원 2021.01.21 2019노3160
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The sentence of the lower court (one year of imprisonment with prison labor and two years of suspended execution and one hundred and twenty hours of community service order) imposed on the accused by the community service order is excessively unreasonable.

2. In that the Defendant committed each of the instant crimes by taking advantage of the personal trust relationship with the victims, the instant crime is not good.

The amount of damage caused by each of the crimes in this case is a large volume, and the victim C with the largest amount of damage was unable to recover the damage, and the victim expressed his/her wish to punish the defendant.

However, there is no particular criminal record except that the defendant recognizes his/her mistake, reflects his/her previous mistake, has no record of being punished for the same kind of crime, and he/she has no record of being fined a small amount of fine once for a crime.

The defendant paid 1.3 million won to the victim who interfered with the exercise of his right and expressed his intention that the above victim does not wish to punish the defendant, and even the victim I paid the amount exceeding 10 million won to the victim I, and the victim I expressed his intention that the victim would not want to punish the defendant.

The defendant tried to pay damages suffered by the victims of the fraud, and the victim C will pay the full amount of damages within the rapid time.

There are many things.

Such circumstances can be considered in light of the circumstances favorable to the defendant.

In full view of all the factors of sentencing, such as the motive, process, means and method of each of the crimes in this case, the circumstances before and after the crime, the defendant's age, sexual conduct, environment, etc., which are newly discovered in the trial of the political party, the sentence of the court below is somewhat unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. Conclusion.

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