(영문) 인천지방법원 2016.10.13 2016노2249 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.10.13 2016노2249

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The defendant's mistake is recognized as committing the crime, and such mistake is divided.

The amount of profit actually acquired by the crime of this case is much less than the amount of damage.

In addition to punishment of a fine once as a result of the crime, there is no record of other crimes.

However, the crime of this case is a so-called “singing” crime committed against many and unspecified persons in a systematic and systematic manner, and it is necessary to punish the Defendant with severe social harm caused by the crime.

The degree of the Defendant’s crime is not minor, and the number of crimes in this case exceeds 91 times and the total amount of damages exceeds 130 million won, and the Defendant’s liability for the crime is not minor.

There was no change in circumstances that could be considered in sentencing after the decision of the court below was made.

In addition, considering the various circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime is committed, it is not recognized that the sentence of the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless. It is so decided as per

However, as the indictment was corrected in the trial at the court, it is apparent that the amount of damage No. 6 of the court below's judgment No. 3 is the erroneous entry of "54,000 won" and therefore, it is apparent that "130,521,000 won" and "130,521,000 won" of "130,467,000 won" of "130,521,000 won" of the second 14 of the court below and "130,521,000 won" of "12 of the last 12 of the criminal procedure rules" are the erroneous entry. Thus, it is apparent that such error is corrected

참조조문

-형사소송규칙 제25조 제1항

-형사소송법 제364조 제4항

유사 판례

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