(영문) 인천지방법원 2016.04.15 2016노771 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.04.15 2016노771

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The application for compensation order of this case shall be dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's punishment (two years of imprisonment with prison labor) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment is too unfeasible and unfair.

2. The grounds for appeal by the Defendant and the Prosecutor are also examined.

However, each of the crimes of this case was committed by the defendant against 80,000 won or more than 5,400,000 won by taking advantage of the status as an insurance designer, and the crime of this case is very poor in light of the method, scale, frequency, etc. of the crime. Similar receiving acts such as the crime of this case are very poor social harm in that it amounts to many and unspecified victims in a short period of time, the damage is still not recovered, and other factors, such as the defendant's age, sex, environment, method, frequency, size, degree of the crime, relationship with victims, etc., as well as all of the circumstances after the crime of this case, such as the crime of this case, etc., the punishment imposed by the court below is unfair, taking into account all of the circumstances in the arguments of this case, including the defendant's age, sex, environment, method, frequency, number of times, victims, relationship with victims, etc.

3. According to the conclusion, the prosecutor’s appeal is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the prosecutor’s appeal is reasonable, and the defendant’s appeal is without merit, but is identical to the prosecutor’s appeal and the subject of appeal is identical to that of the prosecutor’s appeal and is reversed based on the prosecutor’s appeal, and thus, it is again decided

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as stated in the corresponding column of the judgment of the court below.

유사 판례

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