(영문) 수원지방법원 2015.09.09 2015노3335 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2015.09.09 2015노3335

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (4 months of imprisonment and 10 months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant committed the instant crime as to the Defendant’s assertion that the crime of this case was committed repeatedly and repeatedly against many unspecified victims by using the clothes and name of the clothes and name that Hyundai Constructionro, and the nature of the crime is bad.

In addition, the defendant has been punished several times for the same crime, and in particular, during the suspension of execution due to the same kind of crime under the same law, the crime Nos. 4 to 8 of the list of crimes in the judgment of the court below is very serious.

The lower court determined punishment by taking into account all of the following factors: (a) the amount of damage caused by the instant crime; (b) the Defendant repaid the amount of damage to the victim E; and (c) the equity in the case where the judgment was rendered simultaneously with the crime of fraud against which the judgment became final and conclusive; and (d) the balance in the case where the suspension of execution is invalidated; and (b) there are no special circumstances or changes in circumstances that may be newly considered in sentencing

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, details and details of the crime, and circumstances after the crime, etc., the sentencing conditions specified in the instant records and pleadings do not seem to be unfair because the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's above assertion is without merit.

B. When the defendant filed an appeal regarding the part of the compensation order, the case of the compensation order pursuant to Article 33 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is transferred to the appellate court. However, there is no statement in the defendant's petition of appeal stating any grounds for appeal, and there is no statement in the grounds for appeal as to the grounds for appeal, and there is no ground that affect the conclusion of the judgment ex officio. Thus, this part of

3. Conclusion, the defendant.

참조조문

-소송촉진 등에 관한 특례법 제33조 제1항

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