(영문) 대구지방법원 2012.12.21 2012노1924 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2012.12.21 2012노1924

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 9,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment of eight months of imprisonment sentenced by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In light of the fact that the instant crime was committed by taking advantage of a friendly human relationship with the victim, the crime of this case was committed by taking advantage of the victim’s friendly human relationship, the crime of this case was committed without being aware of it during the period of repeated crime immediately after being released despite the fact that there had been several punishments for the same kind of crime, and that the crime of this case was committed without being aware of it during the period of repeated crime, and the amount of damage did not exceed 16 million won in total, but the victim demanded a severe punishment until this court because it did not recover from damage until 2 years have passed after the occurrence of the instant crime.

However, the defendant made efforts to reach a smooth agreement with the victim while making a confession of all the facts charged of this case in this court. As a part of this court, 16,517,720 won, which is the full amount of damage for the victim, is expected to be able to recover the damage later by depositing 16,517,720 won, which is the full amount of damage for the victim, in addition, deposit 2 million won as consolation money for mental suffering suffered by the victim in the trial, the victim's appraisal remains, and the defendant seems to have not reached an smooth agreement with the victim, and it seems that there is no significant part of the victim's damage expansion, it is judged that there is a responsibility for a certain portion of the victim's damage expansion, including criminal punishment and balance with other crimes similar to the crime of this case, the sentence imposed by the court below is somewhat unreasonable. Thus, the prosecutor's above argument of the defendant is without merit.

3. Conclusion.

유사 판례

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