(영문) 광주지방법원 2017.11.23 2017노3583 | 리걸엔진

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(영문) 광주지방법원 2017.11.23 2017노3583

사기등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. The fact that the defendant recognized his mistake and reflected his mistake, and that it is difficult for the defendant to evaluate that he led each of the crimes of this case is favorable to the defendant.

However, each of the crimes of this case is organized frauds through the crime of Bosishing, in which multiple persons play a role and planned closely in advance, and each of the crimes of this case was committed against unspecified or many unspecified victims over a considerable period of time, and the defendant was punished three times as a crime of fraud, and without being aware of the fact that he was in the period of suspension of execution as a crime of fraud, he was involved in each of the crimes of this case without being aware of it, and other circumstances shown in the arguments of this case, such as the defendant's age, sexual behavior, environment, motive and consequence of the crime, the motive and consequence of the crime, and the scope of recommendations (at least two years of imprisonment)

(a) Each crime of fraud [the scope of a recommendation] type 3 (at least 50 million won, at least 5 billion won, and at least 5 billion won) in the basic area [2 years (at least 1/2 of the lowest limit of the sentence shall be mitigated since the type of a single crime, which is the most serious result of the combination of concurrent crimes, has increased at 2 levels)] [the special mitigation (person who is a special mitigation)]] / A crime committed against unspecified or multiple victims for a considerable period of time;

B. Scope of recommended punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for at least two years (at least a lower limit is applied because of concurrent crimes with the remaining crimes for which the sentencing guidelines have not been set). Considering that the lower court’s punishment is too unreasonable, the Defendant’s assertion is not acceptable.

3. 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 groundless.

유사 판례

-광주지방법원 2017.11.16 2017노3596

-의정부지방법원 2016.05.04 2015노2923

-서울중앙지방법원 2018.11.30 2018노2874

-대전지방법원 2015.08.13 2015노1795

-서울중앙지방법원 2018.10.05 2018노1884