logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.04.24 2020노274
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the defendant is against the defendant who committed each of the crimes of this case, and each of the crimes of this case is favorable to the defendant.

On the other hand, each of the crimes of this case is committed repeatedly by the defendant, who has repeatedly stolen cash, etc. or stolen with a credit card lost by the victims, and by using the acquired credit card, the crime is inferior to the nature of the crime, and the defendant has been punished several times due to the same kind of crime, and the defendant has committed the crime repeatedly as long as it has not been much from the completion of punishment even during the repeated crime period, and the amount of damage caused by each of the crimes of this case has not been recovered, and the damage has not been recovered.

The above circumstances and the defendant's age, character and conduct, environment, motive, means and result of the crime, all of the sentencing conditions and the scope of recommended sentencing guidelines set forth in the arguments, including the circumstances after the crime.

1. Scope of applicable sentences under law: One to thirty years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Aggravationd elements of crimes No. 1 (Fraud, Computer, etc. Fraud) [Determination of Punishment] Fraudulent Crimes: General Fraud [Type No. 1] below KRW 100 million [Special Aggravation]: In the area of aggravation of repeated crimes of the same kind [Recommendation Area and Recommendations], the area of aggravation of punishment, one year to two years and six months;

(b) Crimes Nos. 2 and 3 (Determination of Punishment) [Judgment of thief] thief for general property [Type 2] general larceny [Special thief] mitigated element: Reduction element of living aggravated element of crime: Same repeated crime not falling under specific crime Aggravated Punishment: Reduction area of mitigation area of punishment [Recommendation and Recommendation range], imprisonment with prison labor for April to October;

(c) Scope of recommendations based on the standards for handling multiple crimes: Imprisonment with prison labor for at least one year, attempted frauds by persons who have not established sentencing guidelines, attempted frauds by using computers, etc.

arrow