(영문) 청주지방법원 2018.12.07 2018노947 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2018.12.07 2018노947

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (one year and two months) is unfair in light of the fact that the defendant reflects his wrongness in depth and repents, etc.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is determined by acquiring a total of KRW 117 million from six victims who are close to the defendant within a short period of time, and the victim's number and damage amount was very poor. The victims did not recover damage from the date of the crime of this case from 2008 and 2009 to the present, and there is no data that the victims did not endeavor to recover damage, and the defendant did not receive any remedy from the victims. It is an unfavorable circumstance that the defendant all recognizes the crime of this case, and that the defendant has no record of criminal punishment, and that the defendant has no record of criminal punishment.

However, the court below's aforementioned detailed circumstances and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the scope of the sentencing guidelines set forth in the arguments of this case / [the scope of the recommended punishment / [the range of August 10 million or more, and less than 50 million won] general frauds in the basic area (8 to 4 years) of the type 2 (the scope of the recommended punishment / general frauds in the basic area (8 to 4 years): 1 step increase in the type of competition (no special person subject to sentencing] as a result of the same competition. It seems that the court below has set an appropriate punishment by taking into account the two different types of concurrent crimes, which have no special person subject to sentencing].

It cannot be said that the sentence imposed by the court below is too heavy or unreasonable because it is too heavy.

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

유사 판례

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