(영문) 대구지방법원 2017.09.27 2017노2745 | 리걸엔진

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.09.27 2017노2745

사기

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. We examine both the defendant and prosecutor’s improper claims for sentencing.

The Defendant’s confession of each of the crimes of this case is against the Defendant, and the amount of defraudation by each of the crimes of this case is not so significant, and each of the crimes of this case is in the relation of concurrent crimes with the crime of fraud finalized on March 27, 2017 and the crime of this case after Article 37 of the Criminal Act, which should be considered at the same time with the case of being tried.

However, in this case, the defendant, by alone deceiving the victim, by deceiving the victim of money in the name of the price for goods or by deceiving the victim company in collusion with his accomplice, is not good for the crime to be committed, and the damage of the victims due to each of the crimes of this case seems not to have been fully recovered, and the defendant seems not to have been trying to recover the victims from damage. In particular, on January 15, 2016, the defendant was sentenced to eight months of imprisonment with prison labor for the same kind of crime at the Daegu District Court sentenced on April 17, 2016 and began to commit the crime of this case at least two months after release without being aware of the fact that the execution of the punishment was completed during the period of repeated crime on April 17, 2016.

In addition to the above circumstances, considering the Defendant’s age, sex, environment, motive and background leading up to the instant crime, means and consequence of the instant crime, and all of the sentencing conditions stated in the records and arguments, such as the circumstances after the instant crime, there is no special circumstance or change of circumstances to be newly considered after the sentence of the lower judgment, the sentence imposed by the lower court is deemed appropriate.

3. Conclusion, the defendant.

유사 판례

-대구지방법원 2018.02.14 2017노5416

-대구지방법원 2014.03.27 2014노220

-대구지방법원 2018.02.02 2017노5522

-울산지방법원 2014.08.22 2014노477

-대구지방법원 2017.11.03 2016노3583