logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.12.10 2015노3602
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable, because the punishment imposed by the court below (one year of imprisonment) is too unreasonable.

2. The judgment of the defendant has a record of being punished several times for the same crime, and all of the crimes of this case are crimes committed during the suspension of execution, which are disadvantageous to the defendant.

On the other hand, all of the crimes of this case are recognized by the defendant and are against his mistake, the amount of damage by each victim is relatively minor, and the amount equivalent to the amount of damage has been repaid to each victim or agreed with the victims are favorable to the defendant.

Considering such circumstances as above and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and various circumstances, which are the sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent offenders, the sentence shall be determined as ordered by comprehensively taking into account the factors of sentencing prior to the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act.

arrow