(영문) 대구지방법원 2015.04.30 2015노538 | 리걸엔진

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(영문) 대구지방법원 2015.04.30 2015노538

폭력행위등처벌에관한법률위반(공동공갈)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (one year of imprisonment) is too unreasonable.

2. The Defendant was found to have committed each of the instant crimes in the first instance, and is against the mistake, and the Defendant returned KRW 674,310,00 which was received from one’s account out of the defrauded’s deceptive money to Hyundai Marine Fire Insurance Co., Ltd., and deposited KRW 300,000 for the purpose of the victim’sR is favorable to the Defendant.

On the other hand, the defendant, including six times of punishment, has a strong history of criminal punishment for the same crime, committed each of the crimes of this case again without being aware of it during the period of repeated crime due to the same crime, and the defendant did not endeavor at all for the recovery of the victims of conflicts and damage to each property.

In addition, the age, character and conduct, the environment, the circumstances and results of each of the crimes in this case, etc., all of the sentencing conditions in this case and the result of the application of sentencing guidelines by the Supreme Court sentencing committee.

1. Standards for types of punishment and of punishment;

(a) Fraud [Determination of Punishment] There is no type 1 (less than KRW 100 million) (a person specially punished) of fraud (the scope of recommending punishment): 6 months to 1 year and 6 months; and

(b) There is no type 1 (less than 30 million won) (the scope of recommending a person) (the amount of less than 30 million won) and no basic area of the crime of violation of the Punishment of Violences, etc. Act (the decision of type): 6 months to 1 year; and

(c) Aggravation elements for the same repeated crime: Insignificant injury (one and four types): Imprisonment with prison labor for two months or one year; and

(d) No sentencing criteria are set for each of the crimes of violation of the Punishment of Violences, etc. Act or violation of the Punishment of Violences, etc. Act (joint violation, damage, etc. of property);

2. The basic crime for dealing with multiple crimes;

참조조문

-폭력행위 등 처벌에 관한 법률

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