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(영문) 대구지방법원 2018.03.16 2017노5499
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (one year and two months of imprisonment) is too unreasonable.

2. The judgment of the Defendant repeats the crime of interference with the ceremony and business, even though the Defendant was subject to criminal punishment for the same kind of crime, and thus, the nature of such crime is not good. The Defendant committed each of the crimes of this case without being aware of it during the repeated crime due to fraud, etc., and the fact that the damage has not been recovered is disadvantageous.

On the other hand, the fact that the defendant recognized each of the crimes in this case and reflected, the total amount of damage to the crime in fraud is relatively small to 94,300 won, and the fact that the economic condition of the defendant is not good is favorable.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc., all of the factors indicated in the arguments in this case, and the scope of the recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court's sentencing committee / [the scope of the recommended punishment / [the scope of the recommended punishment / [10 million won] of the general fraud category 1 (10 million won or less) of the aggravated area (1 to 2 years or 6 months): The sentencing guidelines stipulate that the recommended punishment shall be determined based on the total amount calculated by adding the total amount of the acquired amount in the case of concurrent crimes of the same kind of crime of fraud, and therefore the total amount of the recommended punishment shall be determined by summing up the amount of the acquired amount of

[Special Aggravationd Persons] The scope of final recommended sentences in accordance with the standards for handling multiple crimes that have no basic area (Interference with Business Affairs) of the 3th category (Interference with Business Affairs) that has no basic area (6 months to 1 year and 6 months) of the 1st category (Special Sentencing) of the 3th category (Interference with Business Affairs) of the 1st category (Interference with Business Affairs) of the 1st category (6 months to 1 year) of the 1st category (Interference with Business Affairs) of the 1st category (Special Sentencing) of the 1st category (Interference with Business Affairs): In full view of the 1 year to 3 years and 9 months, the punishment sentenced by the court below is deemed unfair because it is too unreasonable.

3. Accordingly, the Defendant’s appeal is with merit.

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