(영문) 전주지방법원 2015.10.30 2015노696 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2015.10.30 2015노696

사기

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (one million won of a fine) imposed by the public prosecutor is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. In light of the fact that the crime of this case was committed during the period of suspended execution due to the crime of violating the Customs Act, it is necessary to punish the defendant strictly in consideration of the following: (a) by deceiving the victim by deceiving the victim that the defendant would immediately deposit the sales price by delivering the steering dog; and (b) by deceiving the victim eight times in total, the crime of this case is inferior; (c) the defendant committed the crime of this case during the period of suspended execution due to the crime of violating the Customs Act; and (d) the defendant had the record of criminal punishment

On the other hand, it is recognized that the circumstances can be considered favorable to the defendant, such as the confession of the defendant and the mistake against the defendant, the fact that the defendant agreed with the victim that the defendant is not subject to the punishment of the defendant, the defendant has no record of being subject to criminal punishment for the same kind of crime since 2004, and the defendant seems to be difficult to undergo a flag operation due to the cutting of fingers, and the defendant's flaging conditions of sentencing specified in the argument of this case, such as the above circumstances and other conditions of punishment, such as the defendant's age, character, character and behavior, family environment, are considered, and thus, it is not deemed that the sentence of the court below is too weak or unreasonable, and thus all the arguments of the prosecutor

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-관세법

-형사소송법 제364조 제4항

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