beta
(영문) 광주지방법원 2017.02.08 2016노3155

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. It is advantageous to the fact that the defendant generally recognizes and reflects his mistake, and that equity should be considered in the case of a judgment with a final and conclusive judgment entered in the first head of the crime of the original judgment of the court below.

On the other hand, the fact that the defendant acquired a large amount of money (30 million won) from the damaged person, despite the fact that the defendant did not agree with the injured person or take any measures to recover the damage until the judgment of the party, and that the defendant has a record of being punished for the same kind of crime, etc. is disadvantageous.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.