beta
(영문) 수원지방법원 2016.07.22 2016노2682

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. The judgment of the court below has the favorable circumstances for the defendant, such as the confession of the crime of this case and the violation of his mistake, the fact that there is no record of punishment for fraud, and the victim's injury caused by the traffic accident of this case is relatively minor. However, the defendant, while the defendant, who had been sentenced to a suspension of the execution of imprisonment with prison labor on three occasions through a total of KRW 110 million from the victim C, caused the traffic accident of this case while drinking and driving without drinking, even though he had been sentenced several times due to drinking driving, etc. and had been sentenced to a suspension of the execution of drinking, etc., and caused the traffic accident of this case. The blood alcohol concentration of the defendant at the time of driving of this case was considerably high 0.24%, and it did not seem to have been agreed with the victims or made efforts to recover from the damage. The reasons for sentencing of the court below are reasonable and there are no special circumstances to change the defendant's age, sex, environment, motive and method of the defendant, and various circumstances such as punishment before and after the above.

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 (the prosecutor added "in the section of about 4 km" after "in the part of about 4 km" in Article 1 (1) 2 of the facts charged at the trial. In light of the overall description of the facts charged, this does not deviate from the identity of the facts charged, and the defendant voluntarily affixed it to the defendant's defense.