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(영문) 부산고등법원 (창원) 2015.04.01 2015노8
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant recognizes most of the crimes, and seriously reflects the mistake, and with respect to each fraud, the defendant mainly takes charge of purchasing and refunding lottery tickets, and the degree of the crime is insignificant, and it seems that the criminal proceeds are less than the accomplice, in relation to the crime of intrusion upon residence with a deadly weapon, the degree of the defendant's participation is weak, in relation to the crime of intrusion upon residence with a deadly weapon, and the defendant has agreed with U.S., and there are objective and neutral sentencing factors, such as the fact that there is a family member to support the defendant.

However, each of the crimes of this case, which are recognized by evidence, evidence law, and legal principles, is found to be an unfavorable sentencing factor or objective and neutral sentencing factor, such as the fact that the method of the crime is very disturbed, planned, and organized, and the quality of the crime is not good. The crime of intrusion upon the main points of the victim with a deadly weapon with the intent to threaten the counter-sovereign members even when carrying a deadly weapon was committed. The defendant was sentenced to the suspension of execution on March 12, 2010 on March 12, 2010, and four years after the suspension of execution, and the defendant committed the above crimes during the suspension of execution, and was sentenced to the suspension of execution on June 2, 2010.

In full view of the aforementioned factors of sentencing, the statutory punishment (limited to imprisonment of more than three years) and applicable sentences of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the sentencing cases of similar crimes, the defendant's age, character and conduct, intelligence and environment, motive and circumstance leading to each of the instant crimes, the means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below shall not be deemed to be excessive to the extent that it should be reversed.

The sentence of a fine is pronounced.

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