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(영문) 대전지방법원 2019.10.16 2019노2275
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (two years of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. Determination of unfair sentencing by the public prosecutor and the defendant are also examined.

The fact that the defendant recognizes and reflects his crime, that is the first offender, and that the family members of the defendant want to take the action against the defendant is favorable to the defendant.

However, each of the crimes of this case is a crime of “singing” in a planned and systematic manner against many and unspecified persons. It is deemed that the punishment imposed by the court below is unreasonable in light of the following circumstances: (a) the number of crimes is not very good; (b) the number of victims was continuously committed for a considerable period of time; (c) the amount of damage was a large amount of money KRW 240,00,000; (d) the Defendant served at the office of the Bosing Center in the case of this case as a counselor; (c) the victims were not recovered; and (d) the victims were not recovered; and (e) it appears difficult to expect such damage in the future; and (e) all the sentencing conditions of the records and arguments of this case, including the Defendant’s age and character, are considered to be unfair.

3. As such, 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 following decision is rendered after pleading.

(3) Article 369 of the Criminal Procedure Act provides that “The appeal of the defendant shall not be dismissed unless the appeal of the defendant is justified, but the appeal of the defendant is accepted by the prosecutor and the decision of the court below shall not be dismissed.”

Application of Statutes

1. Criminal facts;

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