(영문) 대구지방법원 2015.05.21 2015노782 | 리걸엔진

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.05.21 2015노782

사기등

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The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (one year of imprisonment) is too unreasonable.

2. The judgment of the Defendant recognized each of the instant crimes and against the mistake, and the fact that the amount of damage is a small amount is favorable to the Defendant.

On the other hand, the defendant has a number of criminal records of the same kind, and commits each of the crimes of this case again without being able to do so during the period of repeated crime, and the risk of recidivism in light of criminal records, criminal method, etc. is disadvantageous to the defendant.

In addition, the age, character and conduct, the environment, the circumstances and results of each of the crimes in this case, etc., all of the sentencing conditions in this case and the result of the application of sentencing guidelines by the Supreme Court sentencing committee.

1. Standards for types of punishment and of punishment;

(a) Aggravation of fraud [Extent of Recommendation] The types of fraud (less than KRW 100 million): In the event that the crime is committed against an unspecified or a large number of victims, or repeatedly committed for a considerable period of time, the area of special aggravation of the same repeated crime [Extent of Recommendation]: Imprisonment with prison labor for one year to three years;

(b) No sentencing criteria for the crime of interference with business are set.

2. In full view of the former part of Article 37 of the Criminal Act among the crimes against which the sentencing guidelines have been set and the crimes for which the sentencing guidelines have not been set, the lower court’s sentence is too unreasonable because it is deemed that the lower court’s punishment is too unreasonable, considering the following factors: (a) one year of imprisonment for dealing with multiple crimes; (b) one year of imprisonment for dealing with the crimes (the crimes for which the sentencing guidelines have

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

참조조문

-형법 제37조

-형사소송법 제364조 제4항

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