beta
(영문) 광주지방법원 2017.09.27 2017노2618

사기등

Text

The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. The instant crime requires strict punishment against the Defendant, taking into account the fact that the so-called Bosing crime is not good for the so-called Bosing crime, and the number of the crimes is not considerable.

However, in light of the fact that the defendant has divided his mistake in depth through a prison life for about six months, that the defendant is a first offender who has no record of crime, that the defendant's participation in the crime of this case is not much severe, that the profit acquired by the crime of this case is not yet significant, that the defendant has agreed with the victims whose identity has been identified at the time of the trial of this case, and that other conditions of sentencing specified in the arguments of this case such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., are considered as being too unreasonable, so the above argument by the court below is reasonable, and the prosecutor's above assertion is without merit.

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

Criminal facts

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

Application of Statutes

1. Article 49(4)1, Article 6(3)1, Article 30(1) (a) of the Criminal Act, Article 347(1) and Article 30(1) (a) of the Criminal Act, Article 347(1) of the Criminal Act, and Article 30(1) (a) of the same Act, each of the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 through 3 of the Criminal Act to be confiscated;