beta
(영문) 울산지방법원 2020.08.13 2020노422

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. After the judgment of the court below was rendered, the Defendant agreed with most victims.

Considering the above reasons and the conditions of sentencing that the court below stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below is too unreasonable because it is too unreasonable.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court and summary of evidence are as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the crime, Articles 347 (1), 261, 260 (1), 314 (1), 319 (2) and (1), 366, 260 (1), and 136 (1) of the Criminal Act concerning the choice of punishment for the crime, Articles 347 (1), 261, 260 (1), and 136 (1) of the Criminal Act concerning the selection of punishment, and the choice of imprisonment

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent crimes, the reason for reversal of the reason for sentencing under the former part of Article 37, Articles 38(1)2 and 50 (Aggravation of concurrent crimes stipulated in the most severe fraud), and the circumstances revealed by the court below in the reason for sentencing, and other circumstances revealed by the reason for sentencing, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment shall be determined by taking into account various conditions of sentencing