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(영문) 춘천지방법원 2014.07.02 2014노175
사기
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The judgment of the court below is that each of the crimes of this case was committed in an active manner by the defendant deceiving victims, thereby acquiring the total amount of KRW 97,300,00 from the victims, and the nature of the crime is not less than that of the victim in light of the Criminal Procedure Act and the degree of damage, etc., and the defendant was unable to pay damages properly to the victim C until the trial. However, although the defendant was unable to reach an agreement with the above C, the defendant confessions all of the crimes in the trial and reflects his mistake in depth, and the defendant does not want the punishment of the above victim, there was no criminal records of punishment exceeding the same criminal records and fines, and the defendant raises children within the detention facility after giving birth of the child after the sentence of the judgment of the court below, and considering the motive and circumstances leading up to each of the crimes of this case, the age after the crime, the age of the defendant, and other various conditions of sentencing as shown in the records, it is too unfair as a result, the judgment of the court below is too unfair.

3. Thus, the defendant's appeal is reasonable, and the part of the judgment below excluding the compensation order among the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) changing the "G" of 2 pages 7 of the judgment of the court below to "K"; and (b) adding the "legal statement in the trial of the defendant to "K" in the summary of the evidence; and (c) 369 of the Criminal Procedure Act is the same as the corresponding column of the judgment of the court below.

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