(영문) 울산지방법원 2013.09.06 2013노562 | 리걸엔진

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(영문) 울산지방법원 2013.09.06 2013노562

사기등

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The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The judgment is recognized that all of the crimes of this case are recognized by the defendant, the damage of the victims is a sum of KRW 1,128,00, the defendant has no criminal record, the defendant has to live in custody after the sentence of the previous suspension of execution is invalidated, and the defendant has been sentenced to the suspension of execution for two years and six months in July 8, 201, and the defendant has been sentenced to the suspension of execution for the crimes of special robbery, etc. which the defendant committed to raise the PC game cost on July 8, 2011, three times and three times and more, and the defendant committed each of the crimes of this case in the same manner as this case, even though the defendant committed the crimes of this case, and in particular, the records of the crime of this case and the fine are both generated during the suspension of execution, the victims and the victims have not agreed, and the scope of recommendations according to the sentencing guidelines are six to nine months.

1. Basic crime - Fraud [Determination of type of fraud] - Fraud, Type 1 (less than KRW 100,00) from among the fraud group, Type 01 (less than KRW 100,00): General mitigation: serious reflect [the scope of decision and recommendation in the recommending area] basic area, 6 months to one year and six months from imprisonment;

2. Concurrent Crimes - Each theft [Determination of types of larceny] thief for general property of 01 thief.

Class 1 of general larceny [General Convicts] - General Contributors: Serious reflect - General : The basic area of criminal records of the same kind [the scope of decision and recommendations in the recommending area] which do not constitute repeated offenses, 6 months to 1 year and six months;

3. The standards for handling multiple crimes: The sentencing of the lower court does not seem significantly heavy, considering the following circumstances, i.e., the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances revealed in the instant records and pleadings, including six months to two years, and the Defendant’s age, character and conduct, environment, motive and circumstances after the crime was committed.

3. Conclusion, the appeal of this case is filed.

유사 판례

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