(영문) 울산지방법원 2015.12.11 2015노1089 | 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) 울산지방법원 2015.12.11 2015노1089

사기등

Text

The judgment of the court below is reversed.

The defendant shall be sentenced to 6 months of imprisonment with prison labor for the crime No. 2 and No. 3 of the judgment of the court.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the 2nd (the 2nd (a) the 3th (the 3th) imprisonment with prison labor and the 2nd and 6th (the 2nd) imprisonment with prison labor for the remaining crimes) is too unreasonable.

2. Determination of each of the instant crimes is a situation unfavorable to the Defendant, such as: (a) online transaction fraud against many and unspecified persons; (b) fraud against 10 children; (c) fraud by forging and exercising a mobile phone subscription application; and (d) violation of the Road Traffic Act; and (b) the commission of the instant crime; (c) the Defendant was sentenced to a two-year suspended sentence for imprisonment with prison labor for the same kind of fraud, etc. on April 16, 2013; and (d) the Defendant committed most of the instant crimes during the suspended sentence after being sentenced to a two-year suspended sentence for the same type of fraud, etc. on which he/she was sentenced to the suspended sentence;

However, taking into account the following factors: (a) the Defendant recognized all of the instant offenses; (b) additionally deposited the ten victims in the trial; (c) paid damages to the two victims; (d) there is no record of punishment; and (e) the equity in the case of concurrent judgment at the same time with a final judgment; and (c) taking into account the Defendant’s age, character and conduct; (d) family environment; (e) motive and background of the offense; (e) the means and consequence of the offense; and (e) the application of the sentencing guidelines by the Sentencing Committee, including the circumstances before and after the offense; and (e) the punishment imposed by the lower court

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment

참조조문

유사 판례

-서울고등법원 2015.12.29 2015노2680

-대전지방법원 2013.06.05 2012노2761

-서울북부지방법원 2015.11.18 2015노1495

-울산지방법원 2015.09.10 2014고단1089

-창원지방법원 2020.09.18 2020노249