(영문) 창원지방법원 2018.12.19 2018노2351 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2018.12.19 2018노2351

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (the punishment of the court below shall be sentenced to three months);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court rendered a sentence by comprehensively taking into account the following circumstances: (a) the number of frauds in each of the judgment committed by the Defendant exceeds 40 times; (b) the total amount of damage exceeds 7,00,000 won; (c) the Defendant already committed the same kind of crime; (d) the Defendant has been suspended from indictment or has been investigated and examined as a juvenile protection case; and (e) the Defendant committed the crime during the period of protection and observation; (e) the Defendant paid damages to the victims throughout the victim; and (e) the Defendant has already paid damages to the remainder of each of the above damages, excluding KRW 5,930,00,00; and (e) the Defendant has already committed the same several laws at a time similar to each of the above frauds in the judgment; and (e) the Defendant has already been sentenced to imprisonment with labor for a maximum period of one year and six months; and (e) the judgment has become final and conclusive; and (e) the sentence shall be imposed by taking into account both the Defendant’s age, sex, environment, circumstances

(c)

The grounds for the court below's improper sentencing alleged by the defendant are shown to have already taken into account in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

유사 판례

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