beta
(영문) 서울남부지방법원 2019.07.23 2019노702

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for up to seven months.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. Each of the instant crimes committed by the Defendant, without the intention or ability to pay the price, has been carried out repeatedly at a high-class hotel with an order of high-priced alcoholic beverages and safes, and the nature of the crime is not good in light of the details and methods of the crime.

It is possible for the defendant to be subject to criminal punishment, including the suspended sentence, due to the same crime, and each of the crimes of this case is likely to be subject to criticism that the defendant repeats the crime during the suspended sentence due to the same crime.

However, the defendant led to the confession of crimes and reflects the wrongness.

In the court below's decision, damage reimbursement was made to the victim C, and further damage reimbursement was made to the other victim F.

There is no record that the defendant has been sentenced to punishment for the same or a different crime.

Defendant with disabilities of Grade III and the economic situation is not good.

In full view of such circumstances as the Defendant’s age, character and conduct, and motive, means, and consequence of each of the instant crimes, the lower court’s punishment is somewhat heavy.

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.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are quoted as they are 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 crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;