(영문) 창원지방법원 2014.10.16 2014노1775 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2014.10.16 2014노1775

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant recognized his/her mistake and reflected his/her fault, and that part of the damage suffered by the victim C has been recovered.

However, in light of all the circumstances, such as the Defendant’s age, character and conduct, occupation and environment, family relationship, and circumstances after the sentence of the lower judgment, etc., the Defendant’s punishment cannot be deemed to be too unfair, and the Defendant’s assertion is without merit, in full view of the following: (a) the Defendant arbitrarily uses the money kept by the victims for the purpose of the victim C, or defrauds the money several times; (b) the total amount of damage was not more than KRW 40,000; (c) the Defendant used personal trust relationship; (d) the damage not recovered until now is reasonable; and (e) there was no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment; and (e) the criminal punishment for other crimes similar to each of the instant crimes, including the Defendant’s age, character and conduct, occupation and environment, family relationship, as well as the circumstances after the crime.

3. Conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

[However, in the judgment of the court below, the term "applicable Article 355 (1) and Article 347 (1) of the Criminal Act" is clearly stated in the relevant Article of the Criminal Procedure Act and the choice of punishment for the criminal facts of 1.1. The term "the applicable Article of the Act on Criminal Procedure", "the choice of imprisonment", "Article 355 (1) of the Criminal Act (the point of embezzlement), Article 347 (1) of the Criminal Act (the point of fraud), and Article 25 (1) of the Rules on Criminal Procedure", and thus, it is clearly stated that the term "the applicable Article

참조조문

-형법 제347조 제1항

-형법 제355조 제1항

-형사소송규칙 제25조 제1항

유사 판례

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