(영문) 수원지방법원 2016.10.27 2016노5964 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.10.27 2016노5964

사기

Text

The judgment below

The part concerning Defendant D and E shall be reversed.

Defendant

D and E shall be punished by imprisonment for eight months.

(b).

Reasons

In light of the summary of the grounds for appeal (unfair form of punishment) that there is no record of punishment exceeding a fine, except that sentenced to a suspended sentence of 6 months for special larceny in the Suwon District Court 209, which was sentenced to a suspended sentence of 6 months for special larceny on March 12, 2009, the court below’s sentence of 8 months is too unreasonable, in light of the following: (a) the defendant did not lead the crime of this case; (b) the defendant did not manage the proceeds from the crime of this case; (c) the defendant managed the proceeds of the crime of this case; and (d) there was no profits distributed directly by the defendant; and (d) some victims expressed their intent that he did not want the punishment of the defendant; and (e) the defendant committed the crime

Defendant

E In light of the following: (a) the Defendant recognized the mistake of the Defendant; (b) the co-offender B’s proposal was involved in the instant crime; (c) all profits therefrom were managed by the Defendant; (d) the Defendant did not have any profits directly distributed; (b) the victim B Q was compensated for KRW 15,316,00 out of the total amount of damages incurred by the Defendant’s participation; and (c) there was no record of having been punished by a fine exceeding the fine; and (d) there was no history of having been punished by the Defendant, the lower court’s punishment of eight months is too unreasonable.

In light of the fact that the amount of the defraudation is 7,960,00 won in total, the amount of the defraudation is 38,970,000 won in total, the amount of the defraudation is 31,010,000 won in total, and the damage recovery is not proper, and the defendants do not seriously reflect the fact that there is a high risk of recidivism, etc., the court below's decision that sentenced the defendant C to the suspension of the execution of the two-year period and probation, and the community service order of 80 hours in the six-month period, and the defendant D and E to each of 8 months in imprisonment is unreasonable.

Judgment

Defendant

C. The defendant recognized the error and reflects it, and this case.

유사 판례

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