logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.11.04 2016노1092
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

The summary of the reasons for appeal by the defendant is that the sentence of the court below sentenced to the defendant (one year and six months of imprisonment) is too unreasonable.

In light of the fact that the defendant had been punished due to the suspension of execution and fine for fraud, etc. over several times, and that the damage caused by the crime of this case has not been significant, it is necessary to make a strict punishment.

I would like to say.

However, in the court below, the defendant agreed with Q Q, and in addition to the partial subrogation of the cost of the vehicle portion of the victim G, the defendant agreed with M in the first instance court only with the victim M.

In full view of other circumstances, such as the defendant's age, environment, the relationship with victims, etc., the sentence of the court below is deemed to be too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

[C] The Criminal facts and the summary of the evidence against the defendant recognized by this court are identical to the records in each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. From among concurrent crimes, the reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommendations] / [the scope of recommendations] general fraud / [10 million won or more, and less than 500 million won] : In the case of repeated crimes for a considerable period (1 to 2 years and 6 months): In the case of repeated crimes during a considerable period (the case of multiple crimes / [the case of multiple crimes] / from August to February 2, 200 (the case where the types of crimes are higher than the single crime among the results of handling the concurrent crimes, the lower limit of the above sentence range shall be mitigated by 1/3) / [the decision of sentence] of the above grounds for reversal, taking into account all the circumstances in the above grounds for reversal.

arrow