logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.11.01 2018노517
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten days of detention, six months of imprisonment, and twenty days of detention) that the court below made on the defendant is too unreasonable.

2. As to the grounds of appeal, the Defendant submitted a counter-influence to the purport that the instant crime is against the instant crime several times, and in the case of damage to public goods, damage by the National Police Agency, such as self-repair of goods damaged by the National Police Agency, is insignificant, and the content of other crimes is not paid KRW 60,000,000, or a disturbance was avoided while under the influence of alcohol, and the illegality of the individual crime itself is somewhat minor, in favor of the Defendant.

However, in light of the fact that the Defendant was sentenced to the suspended sentence of imprisonment with labor due to interference with business, and the Defendant committed the instant crime during the suspended sentence period, and was punished for violent crimes, such as assault, obstruction of duties, obstruction of performance of official duties, etc., and that he did not faithfully comply with the request of an investigative agency after the commission of the crime, and that the circumstances after the commission of the crime are extremely poor, such as the Defendant’s punishment history, inclination, contents of the instant crime, and the occurrence of the instant crime, the Defendant appears to be unable to regulate the excessive violent inclination and impulse while under the influence of alcohol, and that there is a high risk of recidivism, and that there is no agreement with the victims, etc.

Considering the fact that the sentence is being suspended before and after the judgment of the court below, in light of the unavoidable circumstances, the defendant's age, sexual conduct, family relationship, motive, means, consequence, etc. of the crime in this case, various sentencing conditions as shown in the arguments and records of this case, such as the circumstances after the crime, and the scope of recommendations according to the sentencing guidelines [No. 1 type (the general fraud (the amount less than KRW 100 million)] basic area (6 months to 1 year and 6 months), no special person subject to sentencing: 2 crime (the obstruction of the performance of official duties).

arrow