beta
(영문) 부산지방법원 2015.04.23 2015노51

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable in light of the substance of the grounds for appeal in this case’s sentencing conditions.

2. The fact that the judgment defendant recognized the instant crime, and that there is no record of the same kind of crime, etc. are favorable to the defendant.

However, in full view of the following: (a) the amount of damage caused by the instant crime was KRW 100 million and did not recover from damage; (b) there is no change of circumstances that may be considered in the sentencing from the pronouncement of the lower judgment to the trial; and (c) the Defendant’s age, motive, background, means and consequence of the instant crime; and (d) various circumstances, such as the circumstances after the commission of the instant crime; and (e) the outcome of the application of the sentencing guidelines by the Sentencing Commission, the sentence imposed by

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