(영문) 수원지방법원 2016.01.28 2015노6419 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.01.28 2015노6419

사기방조등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant was living together with C and D on the date and time stated in the instant facts charged, there was no fact that the Defendant committed or participated in each of the instant crimes in collusion with C and D.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. The court below rejected the above assertion in detail by stating the defendant's assertion and its decision under the title "the decision on issues" in the judgment of the court below with the same argument as the grounds for appeal in this part of this part. In light of the above judgment of the court below after a thorough comparison with the records, the judgment of the court below is just and acceptable, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment as alleged by the defendant.

Therefore, this part of the defendant's assertion is without merit.

B. We examine the determination on the unfair argument of sentencing. The case is a form of crime that is highly severe and highly likely to be subject to criticism due to the so-called “Singing” fraud and the violation of the Electronic Financial Transactions Act, and the act of securing and delivering the passbook through which the defendant committed the crime is an essential role in the singing crime. It appears that the amount of damage caused by the crime of this case is large and most damage is not properly recovered, and all the sentencing conditions indicated in the argument of this case, including the defendant’s age, sexual behavior, environment, family relationship, motive and circumstance after the crime, etc., considering all the sentencing conditions shown in the argument of this case such as the defendant’s age, sexual behavior, environment, family relationship, and circumstances after the crime of this case, even if considering the equity in sentencing where the judgment against the defendant is rendered simultaneously, it is not recognized that the sentence of the court below is too unreasonable, and therefore, the defendant’s allegation in this part of this case is without merit.

3. If so, the defendant's appeal is reasonable.

참조조문

-마약류 관리에 관한 법률

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