logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.03.30 2016노355
사기등
Text

The defendant's appeal is dismissed.

Reasons

(b) if a final and conclusive judgment is rendered, there is a possibility that the defendant will be fully invalidated all of the suspended sentence, and that the defendant is able to live alone without any family member will be favorable to the defendant;

However, even though the defendant was sentenced two times to commit the crime such as continuing interference with business affairs against the victim and was sentenced to a suspended sentence, the crime of this case against the same victim again during the suspended sentence is not good, and the defendant has a record of criminal punishment for several violent crimes, interference with business affairs, and damage to property is disadvantageous to the defendant.

These circumstances and the motive, means and result of the crime, all the sentencing conditions in the instant case, including the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., and the scope of the recommended punishment in the sentencing guidelines of the Supreme Court (hereinafter referred to as "crime of fraud"): The crime group of fraud, general fraud, type 1 (less than KRW 100 million), the area of mitigation (special mitigation factors): the crime committed from January to August 1, 2000; the crime committed from January to August 3 (Crimes of Obstruction of Duties): Imprisonment with prison labor; the crime obstructing the performance of official duties; the crime interfering with the performance of official duties; the invalidation and destruction of public goods; the crime committed from January to August 1; the crime subject to mitigation of public goods; the punishment without prison labor for up to June 1 to June 2; and the punishment without prison labor for up to June 1.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure, "1. Defendant's legal statement" in the summary of the evidence of the judgment below is changed to "1. Defendant's legal statement".

arrow