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(영문) 대전지방법원 2016.12.21 2016노1512

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. Among the crimes of this case, the crime of violation of the Attorney-at-Law Act, among the crimes of this case, is a serious crime that damages the public trust in the affairs handled by the public officials, and the criminal liability is heavy. The necessity of strict punishment by receiving money from the victim who is a suspect in a criminal case and is in an imminent state, on the ground of the victim's friendship with the police, on several occasions under the pretext of soliciting the persons concerned by the police. Although the same criminal record of

However, it is advantageous to the fact that the defendant recognized all of the crimes of this case and reflected the mistake, that the health condition of the defendant and the economic situation are not good, and that the victim did not want the punishment for the defendant in the first instance.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, various sentencing conditions specified in the instant records and pleadings, such as the circumstances after the crime, the lower court’s punishment is deemed unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment 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 with merit.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the point of fraud in general), Article 111(1) of the Attorney-at-Law Act (the point of receiving money or goods for solicitation in general);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for more severe fraud);

1. Punishment;