(영문) 대전지방법원 2016.11.24 2016노782 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2016.11.24 2016노782

사기

Text

The part of the judgment of the court below regarding the crime Nos. 5 through 17 in the judgment of the court of first instance and the judgment of the court of second instance.

Reasons

1. The summary of the grounds for appeal is that the sentence of the court below against the defendant (No. 1: imprisonment with prison labor for the crimes No. 1 to No. 4 in the table of crime in the judgment of the court below; 8 months in prison for the crimes No. 5 to No. 17 in the judgment of the court below; 3 years in prison for the crimes) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant ex officio, the court of first instance decided to hold a concurrent hearing of each appeal case by the court below against the defendant. Each of the crimes listed in the judgment of the court of first instance 5 through 17 and the crimes listed in the judgment of the court of second instance in the former part of Article 37 of the Criminal Act are concurrent crimes with the former part of Article 38(1) of the Criminal Act, and thus, a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, among the judgment of the court of first instance, the parts concerning the crimes listed in the table of crime Nos. 5 through 1

B. The following facts are considered: (a) the Defendant made a confession of this part of the crime; and (b) the equity with the case of being tried at the same time as the crime of the judgment rendered on November 18, 2009, which became final and conclusive on the part of the judgment of the court of first instance on the part of the crime No. 1 or No. 4; (c) the Defendant has the record of having been punished several times due to fraud, etc.; (d) the Defendant committed the crime of this case during the repeated crime period due to fraud, etc.; and (e) other factors such as the Defendant’s age, character, character, environment, motive, means, and consequence of the crime; and (e) the Defendant’s conviction against the Defendant is not considered to be unreasonable since the sentence of the court below on the grounds that the Defendant’s allegation of unfair sentencing in this part is without merit.

3. Thus, the part concerning the crime Nos. 5 through 17 in the judgment of the court of first instance, and the crime No. 2.

참조조문

-형법 제38조 제1항

-형법 제51조

유사 판례

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