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(영문) 대전지방법원 2016.07.13 2016노988
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. The defendant committed the crime of this case under the same law for a considerable period of time, and the victims suffered considerable damage since a number of victims have occurred due to the crime of this case and the sum of the money obtained by deception was very large.

In light of the circumstances such as the Act on the Number of Crimes, the contents of deception, deception, deception, etc., the crime of this case is very poor, the defendant has been punished for the same kind of crime, even though he had the history of punishment, the crime of this case was committed, and some of the crimes were committed during the period of repeated crimes.

However, the defendant received investigation and repaid part of the amount of damage to the victim M and T, and paid the amount of damage to the victim E, S, AE, AK, and AV upon receiving the judgment of the court below, and agreed that the above victims did not want to punish the defendant.

In addition, the victim AP fully repaid the amount of embezzlement.

B. The Defendant all committed the instant crime, and the Defendant is committed to recover the remainder of the damage.

In particular, the defendant did not want to punish the defendant by paying the amount of damage to the victim N and A, and by mutual consent.

In full view of the punishment of the above victims, the amount of damages repaid, and the age, sex, environment, motive, means and consequence of the crime, etc. of the defendant, the punishment of the court below is somewhat unreasonable, taking into account all the sentencing conditions in the records, such as the circumstances after the crime.

3. In conclusion, the Defendant’s appeal is reasonable, and thus, pursuant to Article 364(6) of the Criminal Procedure Act.

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