(영문) 대전지방법원 2015.01.21 2014노3161 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2015.01.21 2014노3161

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (six months of imprisonment) imposed by the court below against the defendant is too unreasonable.

B. The prosecutor (unfair form of punishment)’s sentence imposed by the court below against the defendant is too uneasible and unfair.

2. The following are the circumstances that are favorable to the Defendant: (a) the Defendant made a confession of each of the instant crimes, and the Defendant reflects his mistake; (b) the total amount of damage was not significant to KRW 2.6 million; (c) the Defendant has grown in an unsound environment; (d) the Defendant has been living in good faith without re-offending; and (e) the Defendant has to consider equity with the case of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive, simultaneously with the offense of larceny

On the other hand, each of the crimes of this case is a situation unfavorable to the defendant, such as the following: (a) the defendant presented his resident registration certificate under the name of another person; (b) forged his/her application for subscription to a mobile phone; and (c) stolen all four mobile phones by using the application for subscription to a mobile phone; (d) the nature of the crime is not good; (c) there is no circumstance to agree with the victims or restore damage up to the trial; (d) the defendant has five criminal records of criminal punishment due to property crimes; and (e) the defendant has two times or more of the suspended execution; and (e) the defendant was sentenced to imprisonment for a short term of three years and four years at the Jeonju District Court on April 15, 2009, for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

Considering the above flexible circumstances and other conditions of sentencing, such as the defendant's age, character and conduct, environment, and circumstances after the crime, and the sentencing guidelines of the sentencing guidelines committee, the sentence imposed by the court below is deemed appropriate, and is too heavy or unreasonable.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

-대전지방법원 2014.12.03 2014노2361

-대전지방법원 2015.01.14 2014노3162

-대전지방법원 2014.12.03 2014노2725

-대구지방법원 2014.11.14 2014노2937

-창원지방법원 2016.02.04 2015노2846