(영문) 대구지방법원 2012.12.07 2012노2984 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2012.12.07 2012노2984

사기등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (the defendant A: imprisonment of 1 year and 6 months, and the defendant B: imprisonment of 8 months) declared by the court below is too unreasonable.

2. Determination

A. As to the defendant's assertion of this case, although the defendant led to the confession of each of the crimes of this case, he did not repeat again, the victim AY is the defendant's wife. The victim AI and AP do not want the defendant's punishment, and there is no past record of criminal punishment heavier than a suspended sentence due to the same criminal record, the defendant committed each of the crimes of this case in collusion with his accomplices or by himself over several years, but the defendant committed the crime of this case. In light of the Criminal Code and the patterns, the crime of this case is poor, and the damage is not easy, but the damage is not completely recovered to the victims even though the damage is not easy, and the damage recovery possibility does not seem to exist in the future. The sentence of the court below is close to the lowest sentence within the scope of recommended sentence according to each of the sentencing guidelines of this case, criminal punishment and equity as to any crime similar to the crime of this case, and there is no reason to acknowledge the defendant's age, character and behavior, circumstances, motive and motive of the crime of this case, etc.

B. It is recognized that the Defendant conspired with A to determine the assertion of Defendant B, and repeatedly committed each of the instant crimes over several times a year against many victims, and that the nature of the crime is not less and complete recovery from damage up to the trial. However, it is not possible for the Defendant to repeat the crime in the future when he led to the confession of each of the instant crimes.

유사 판례

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