(영문) 대구지방법원 2016.04.01 2015노4822 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 대구지방법원 2016.04.01 2015노4822

사기

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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.

Reasons

1. Summary of grounds for appeal;

A. The sentence of one and a half years of imprisonment sentenced by the lower court is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unfair sentencing arguments by the Defendant and the prosecutor, we examine the case’s total damage amounting to approximately KRW 28 million, and the number of victims may be the victim. Nevertheless, the Defendant did not agree with the victims up to the trial. In particular, the Defendant is obliged to deposit some of the damage amount.

C. At the same time, the trial date continued, but it seems difficult to open due to the lack of circumstances, such as not paying the amount of damage up to the present day, the Defendant fleded after having been absent on the date of the examination for the issuance of a detention warrant during the investigation process, and the Defendant continued the trial date in order to repay damage even in the past, but the Defendant tried to delay the sentence with a view to evading the period of suspension of execution, such as not paying the actual damage.

When considering the defendant's age, sex, environment, family relationship, circumstances after the crime, etc., and all the sentencing conditions specified in the records and arguments of this case, the court below's punishment is too uneasible and unfair, so the defendant's assertion is without merit, and the prosecutor's assertion is justified. The prosecutor's assertion is with merit. The defendant's assertion is without merit. The defendant's assertion is without merit. The defendant's assertion is without merit, and the defendant's assertion is without merit.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, but the prosecutor's appeal is with merit, and the following is again decided after pleading (the prosecutor's appeal is filed).

유사 판례

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