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(영문) 대구지방법원 2015.08.28 2015노217
사기
Text

The part of the judgment of the court below of first instance and the judgment of the court of second instance concerning the crime No. 2 shall be reversed.

The judgment of the court of first instance on the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of the first and second original judgment (one year of imprisonment with prison labor, two years of imprisonment with prison labor, ten months of imprisonment with prison labor, and four months of imprisonment with prison labor with prison labor with prison labor for crimes No. 1 and 3 as indicated in the judgment of the original judgment) declared by the lower court is too unreasonable.

2. Determination

A. The judgment of ex officio (the part of the judgment of the court of first instance and the judgment of the court of second instance as to the grounds for appeal) by the defendant is examined ex officio prior to the judgment of the court of first instance and the judgment of the court of second instance as to the defendant's grounds for appeal, and the defendant filed an appeal against the above two appeals cases. The court of second instance decided to hold concurrent trials. The first instance and the second offense in the judgment of the court of second instance as to the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act and the second offense in the judgment of the court of second instance should be decided within the scope of a single sentence imposed pursuant to Article 38 (1) of the Criminal Act. In this regard, the second offense in the judgment of the court of first and second instance against the defendant

However, notwithstanding the above reasons for ex officio determination, the argument of unreasonable sentencing regarding the part concerning the first and third crimes in the judgment of the court of second instance is still subject to the judgment of the court of this Court, and this is examined.

B. The judgment on the grounds for appeal by the defendant (the part concerning the crime of Articles 1 and 3 of the judgment of the court below in the judgment of the second instance) is based on the following facts: the defendant fully recognized this part of the facts charged and against his mistake; however, the defendant, even though he was not aware of the suspension of execution, repeatedly committed the crime of crimes No. 1 in the judgment of the court below, which led to the failure of multiple victims to commit the crime of fraud; the damage caused by each crime of this part exceeds a total of 160 million won; the damage amount is relatively large; however, the agreement with the victims was not reached; most damage was not recovered; the defendant was a criminal record of the same kind; the defendant was sentenced to the judgment of the court below

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