2019 Highest 5887 (Joint Judgment) Judgment

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The punishment of the court below (six months of imprisonment) is too unreasonable.

2. Determination

The victim acquired a certain amount of KRW 80 million from the victim D by using a friendly relationship. On February 10, 2019, even though I disposed of the instant car page of this case to the victim, the victim did not fully repay the amount of the damage that has not been recovered to the victim. The amount of the damage that has not been recovered to the present time exceeds KRW 38 million. The victim continues to be punished for a severe punishment against the Defendant.

The circumstances favorable to ○○: (a) the Defendant and the victim continued to commit a crime and did not repeat the crime; (b) the Defendant and the victim have been in a money transaction relationship; (c) the Defendant repaid the principal and interest thereof until before the instant case was transferred. As seen earlier, part of the damage suffered by the victim was recovered; and (d) there was no history of having been sentenced to the

Considering the above circumstances and the Defendant’s age, character and conduct, environment, the circumstances leading up to the instant crime, and various sentencing conditions as shown in the records and arguments, such as the circumstances after the instant crime, the lower court’s punishment is deemed to be too unreasonable. Accordingly, the Defendant’s assertion is with merit.

3. Conclusion

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Reason for the Judgment of the Supreme Court】 Criminal facts and summary of evidence

The summary of the facts constituting an offense and the evidence acknowledged by this court is the same as the entries in each corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act (generally, choice of imprisonment)

1. Suspension of execution;

Article 62(1) of the Criminal Act

Prior to the reasons for the reversal of the sentence, the overall circumstances were considered.

Judge Cho Neng

Judges Kim Jae-young