beta
Text
The judgment below
Of the crimes of Nos. 1, 4, 5, 9 of the ruling and Nos. 7 of the ruling, the crimes of Nos. 5-2 through 14 of the List of Offenses.
Reasons
1. The summary of the grounds for appeal of the lower court (a crime listed in Attachment No. 5-1 among crimes listed in Attachment No. 2, 3, 6, and 8 and crimes listed in Attachment No. 7: Imprisonment with prison labor of six months, and crimes listed in Attachment No. 1, 4, 5, 9, and crimes listed in Attachment No. 5-2 or 14 of the List of Crimes listed in Attachment No. 7: Imprisonment with prison labor of one year) is too unreasonable.
2. Determination
A. As to the part of the crime No. 2, 3, 6, and 8 of the judgment of the court below and the part of the crime No. 5-1 of the attached Table No. 7 of the judgment of the court below, the conditions of sentencing are not changed compared to the judgment of the court of first instance, and the sentencing of the court of first instance does not deviate from the reasonable scope
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant has a record of having received juvenile protective disposition or suspended execution several times for committing fraud.
Although 49,000 won was paid to the victim CDs and agreed with the above victim (2019dan6611, trial records 161-168), there is no degree of recovery when compared to approximately 6,60,000 won in total.
Since the defendant has committed the same kind of crime continuously and repeatedly, considering the defendant's attitude of the law and the risk of recidivism, the corresponding punishment is needed.
In light of various factors of sentencing, including the Defendant’s age, family relationship, bad growth background, criminal record, circumstances after the commission of the crime, etc., the lower court’s punishment on the Defendant is not heavier than the sentence imposed by the lower court, even if it was judged at the same time with the crime finalized in this part of the crime, and considering equity, even if it was considered that the Defendant was tried at the same time as the crime established in the judgment.
B. Of the crimes Nos. 1, 4, 5, and 9 of the judgment of the court below and the crimes No. 7 of the judgment of the court below, the part of the crime Nos. 5-2 through 14 of the annexed Table 5-2 of the crime committed by fraud can be punished by the defendant, and this part of the crime was committed during the suspension period
However, at the court below, the victim.