logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.08.13 2015노2251
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Each of the instant crimes is planned to commit each of the instant crimes by deceiving a large number of victims as if the Defendant would work as a multiple employee, and is not likely to commit such crimes in light of the frequency of the crimes.

Even before committing each of the crimes in this case, the Defendant committed each of the crimes in this case even though he had been punished several times due to the same kind of crimes in the same law.

Until the trial of the case, damage recovery or victims did not reach an agreement.

However, the defendant recognized the error of each of the crimes of this case and is in profoundly against it.

Prior to each of the crimes in this case, the defendant was not subject to a suspended sentence or heavier punishment.

In full view of the circumstances that led to each of the crimes of this case, including the amount acquired by the Defendant, and other circumstances that form the conditions of sentencing as shown in the records and arguments of this case, such as the background leading up to the crimes of this case, age, environment, character and conduct of the Defendant, and conditions before and after the crimes, the sentence of the court below is too

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to the corresponding column of the judgment of the court below, except for the addition of “1. Defendant’s statement in the trial court” in the summary of the evidence, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

arrow