beta
(영문) 수원지방법원 2014.11.27 2014노5169

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

Reasons

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

2. In light of all the sentencing conditions and arguments of this case including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstance after the crime, etc., the sentence of the court below is too heavy, considering the following factors: (a) the victim wanted to take the defendant's wife against the defendant; (b) the defendant wants to have no criminal record; (c) the defendant has already paid 45% or more of the amount acquired by the victim; (d) the defendant has already paid 85% or more of the amount acquired by the victim; and (e) the defendant has been living under custody from the investigative agency for more than 85 days in this case; and (e) the defendant is recognized

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

Criminal facts

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

Application of Statutes

1. Article 347(1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive, with respect to applicable legal provisions and the choice of punishment for the crime;

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