(영문) 울산지방법원 2017.05.26 2017노247 | 리걸엔진

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자간(%)

(영문) 울산지방법원 2017.05.26 2017노247

사기등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The grounds for appeal by the Defendant and the Prosecutor are also examined.

The fact that the defendant fully recognized the crime of this case and reflects it, the fact that the defendant does not want the punishment of the above victim under a mutual agreement with the victim X in the case of the party, and that the defendant does not have any record of punishment exceeding the fine, etc. is favorable.

On the other hand, each of the crimes of this case is disadvantageous to the defendant, in light of the fact that the defendant deceivings the victims without the intention or ability to repay, defrauds them as a sum of KRW 110,101,00,00 in the name of borrowed money, forged a certificate of borrowing under the name of another person, and is committed for elderly victims suffering from dementia vulnerable to the crime, and the responsibility for the crime is not less exceptionally and repeatedly committed through the same veterinary method, the victim'sO, P and agreement with the victim, or the damage to the above victims have not been recovered until the case is in the first instance, and the defendant has been punished twice as the same crime.

In full view of the above favorable circumstances, such as the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, and other circumstances that form the conditions for sentencing as shown in the pleadings, such as the circumstances before and after the instant crime, the lower court’s punishment is too heavy or unfasible, and thus, it does not seem unfair. Therefore, the above assertion by the Defendant and the Prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

유사 판례

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