logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.05.14 2015노583
사기
Text

The judgment of the court below is reversed.

Defendant

A In 8 months of imprisonment, Defendant B shall be sentenced to 10 months of imprisonment, Defendant C, D, E, and F.

Reasons

1. The summary of the grounds for appeal against the Defendants (e.g., imprisonment of 10 months, Defendant A: imprisonment of 1 year, Defendant C, D, E, and F: each imprisonment of 8 months) is too unreasonable.

2. Determination

A. In light of the frequency of the instant crime by Defendant A and the degree of his participation, etc., the nature of the instant crime is serious, and even if the Defendant had been sentenced to a fine as an attempted commission of fraud by a method similar to the instant crime, the crime of this case was committed, etc., which is disadvantageous to the Defendant

However, the sentence of the court below against the defendant is too unreasonable in full view of all the factors of sentencing, including the defendant's age, character and conduct, environment, and circumstances after the crime, etc., in light of the following: (a) the defendant led to the confession of all the crimes of this case and reflects his mistake; (b) the arrest of other accomplices is recognized by cooperating with the arrest of the other accomplices; and (c) the victims are not wanting to be punished by the defendant; and (d) the victim is committed

The defendant's assertion of unfair sentencing is justified.

B. Defendant B’s crime is more severe in light of the frequency of the instant crime and the degree of participation, etc., and the Defendant’s transfer type (the violation of the Korean Racing Association Act and the violation of the Bicycle and Motorboat Racing Act: imprisonment with prison labor for 8 months, suspended execution for 2 years, and fines for gambling: 500,000 won) and the same kind of crime [the attempted fraud: fine of 3 million won (the attempted fraud by means similar to the instant crime).

) Fraud: 8 months of imprisonment with prison labor) The crime of this case is committed without among those who had been punished several times, and is disadvantageous to the defendant.

However, there is a family member who must support the defendant, among the victims, that the defendant led to the confession of all of the crimes of this case and reflects his mistake, that is recognized as a public figure by cooperating with the arrest of other accomplices, that the victims do not want the punishment of the defendant, that there is a family member who should support the defendant.

arrow