(영문) 울산지방법원 2016.10.13 2016노1200 | 리걸엔진

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자간(%)

(영문) 울산지방법원 2016.10.13 2016노1200

사기

Text

The judgment below

Of the attached list of crimes, the part concerning each fraud shall be reversed in 2 to 21.

Reasons

1. The summary of the grounds for appeal [one month of imprisonment (as to the crime of fraud No. 1 in attached Form 1 of the judgment of the court below) and five months (as to the crime of fraud No. 2 through 21 in attached Form 2 of the judgment of the court below)] of the court below is too unreasonable.

2. Determination

A. Of the judgment below, the part concerning each crime of fraud Nos. 2 through 21 in the annexed crime list Nos. 2 through 21 is not less than that of the crime in light of the content, circumstances, frequency, number of victims, etc. of each crime.

Furthermore, the defendant has been punished several times due to the same crime, and each part of the crime is committed during the suspension period of the execution of fraud. Therefore, it is necessary to bear strict responsibility for the defendant.

However, in full view of the fact that the defendant's mistake is recognized and against himself/herself, the individual damage is not relatively excessive, the defendant paid the amount of damage to 16 persons among the victims during the trial of the court below, and that considerable victims suffered from mental illness such as the mental disorder, shock disorder, and shock disorder, etc., and that it seems that the mental therapy is necessary for the defendant's mental treatment, and other various sentencing conditions shown in the records and arguments such as the defendant's age, character, conduct and environment, and circumstances after the crime, etc., it is judged that the punishment imposed by the court below for each crime is too unreasonable.

B. Of the judgment of the court below, the part of the crime of fraud No. 1 per annum of the annexed list of crimes was agreed with the victim at the time of the trial. The crime of this part is to consider equality with the case where the first head of the judgment of the court below is judged simultaneously with the crime for which the judgment of first head of the crime of this part becomes final, etc., in favor

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