(영문) 부산지방법원 2017.10.19 2017노3035 | 리걸엔진

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(영문) 부산지방법원 2017.10.19 2017노3035

상습사기등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

The sentence of the court below (one year and two months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

The crime of this case is deemed to be disadvantageous to the defendant, including the fact that the defendant posted a letter that he sells goods on the Internet, and habitually steals the sum of KRW 3,644,00 from the victim 412,00,000,000 from the victim's 4.18,000,000 through access to the Internet gambling site and habitually gambling, in light of the criminal background, frequency, size, and amount of fraud, etc., the criminal liability is heavy, and the criminal records of the defendant who was punished for the same crime are several times, and the defendant committed the crime of this case without being aware of the fact that he/she was punished for the same crime even though he/she was under the suspension of execution.

However, it seems that the social ties of the defendant is clear, such as the defendant's confession of all the crimes of this case and the defendant's 294 victims of the crime of this case paid approximately KRW 70 million to 294 victims of the crime of this case, the defendant paid additional amount of KRW 700,000 to 6 victims of the crime of this case, the defendant's spouse gave birth to her child around July 2017, and the defendant's family member wanted to take the defendant's prior action against the defendant, and there is no past record of criminal punishment exceeding the suspended execution until now, and the defendant's age, sexual behavior, environment, etc., which are all the conditions for sentencing specified in the argument of this case, are too unreasonable considering the court below's punishment against the defendant.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

유사 판례

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