(영문) 울산지방법원 2020.04.10 2019노1264 | 리걸엔진

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크기(pt)

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자간(%)

(영문) 울산지방법원 2020.04.10 2019노1264

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The fact that the judgment defendant reflects his mistake and again does not repeat again, and that the defendant has no record of punishment exceeding the same kind of crime or fine, is favorable to the defendant.

Meanwhile, there is no circumstance to find out that the amount of damage caused by the instant crime is significant, that the damage has not been recovered, and that the Defendant has made a serious effort to recover from damage, and that the victim is willing to punish the Defendant, is disadvantageous to the Defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be excessively unreasonable.

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

(However) However, the judgment of the court below was obtained 118,920,00 won in total 44 times per annum, and acquired it by deception" in Part 2 of the judgment of the court below, "The total amount of KRW 118,920,00 shall be received or shall be received by a third party, respectively, over 44 times in total." In Part 2, "Article 347 (1) of the Criminal Act" in Part 17 of the judgment of the court below in Article 347 (1) of the Criminal Act (the choice of imprisonment) is "Article 347 (1) of the Criminal Act (the number of offenses listed in attached Table No. 1 through 12, 14, or 43, each choice of imprisonment), Article 347 (2) and (1) of the Criminal Act (the number of offenses listed in the same Table No. 13,444, each choice of imprisonment), and correction of "one year or more" in Part 2 "one year or more" in the last sentence shall be deemed to be "one year or more" in total three years of imprisonment.

참조조문

유사 판례

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