logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.01.29 2015노1484
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and showed the attitude of reflection, and that the amount of damage was 1080,000 won and the amount of damage was not excessive.

However, the court below held that considering the above favorable circumstances, the defendant's age, family relation, criminal records, sex, environment, means and method of the crime, motive and circumstance of the crime and the application of sentencing guidelines of the Supreme Court committee set forth in the arguments in this case, the defendant's punishment for 17 times (4 times of suspended execution, 13 times of fines), including the fact that the defendant had been punished on 8 occasions (1 time of suspended execution, 7 times of fines) due to the act of fraud, such as the crime of the same type ofless driving prior to the crime in this case. In particular, the defendant's efforts to improve the character and behavior such as committing the crime in this case cannot be seen at all due to the suspension of execution for 6 months of imprisonment and 3 months of the final decision, the defendant's age, family relation, criminal records, sexual behavior, environment, method and method of the crime in this case, etc., and the result of the application of sentencing guidelines of the Supreme Court Committee, which were too unfair to the extent that the punishment should be reversed.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow