logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.08.27 2015노2078
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The Defendant’s determination is favorable to the Defendant that recognized each of the instant crimes and reflected wrong facts.

On the other hand, the fact that the victim is seven persons, and the amount of fraud is more than 80 million won, the defendant did not agree with or recover from the victims until the trial is held, and the defendant has been punished nine times by the same crime (one punishment, two times of suspended execution of imprisonment, and six times of fine) is disadvantageous to the defendant.

In addition, the defendant's age, character and conduct, environment, the circumstances and results of each of the crimes in this case, and the application of sentencing guidelines by the Sentencing Committee of the Supreme Court [Determination of type] and the result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court [Special Aggravationd] where the defendant committed a crime against an unspecified or large number of victims or repeatedly for a considerable period of time (the scope of punishment aggravated] (the scope of punishment aggravated): In full view of imprisonment of one year to two years, the court below's punishment is too unreasonable. Thus, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

(However, since "Y" in the summary of the evidence in the judgment below is a clerical error in the AA, it shall be corrected ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure.

arrow