(영문) 대구지방법원 2016.05.27 2016노400 | 리걸엔진

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(영문) 대구지방법원 2016.05.27 2016노400

사기등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Nos. 5 through 14, No. 19, and No. 19.

Reasons

1. The sentence imposed by the court below (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant, even though he had the record of being sentenced to a suspended sentence of imprisonment three times for a violation of the Petroleum and Petroleum Substitute Fuel Business Act, committed the instant crime again, and the period of the instant crime is long and the frequency of the commission of the crime exceeds 2,066, and the amount of the penalty sold by the Defendant exceeds 429,365.14 and the amount exceeds 6,50 million won.

The fact that the criminal intent of the vehicle owner who aided and abetted the defendant to commit the crime reaches 1.4,00,00 won in total, etc., and that the criminal intent of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the vehicle owner who aided and abetted by the defendant is no more than 1.40,00 won. However, considering the favorable circumstances such as the fact that the crime of the crime of the crime of the crime of the crime of the crime of the crime of the victim of the vehicle of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to the facts stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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