beta
(영문) 서울중앙지방법원 2017.03.16 2017노144

사기

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for one year, for eight months, and for four months, for Defendant C.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment with prison labor for Defendant A, eight months of imprisonment with prison labor for Defendant B, and four months of imprisonment with prison labor for Defendant C) is too unreasonable.

2. The instant crime of this case, based on the reasoning of appeal, is an intelligent planned method, and the fact that multiple accomplices participate and participate in a systematic role, and the nature of the crime is not good, is disadvantageous to the Defendants.

However, Defendant A and B recognize the crime in the late late late and reflects the depth of the crime; Defendant C is recognized from the investigative agency to the depth of the party; Defendant C is in violation of the law; Defendant C fully repaid the amount of damage to the party; Defendant C did not want to be punished against the Defendants; Defendant C did not lead the crime of this case; Defendant C did not have any history of punishment exceeding the fine; Defendants did not have any history of punishment exceeding the fine; and all other sentencing circumstances, including the Defendants’ age, sex, family relationship, motive, means, and consequence; and the circumstances after the crime, are considered as inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' argument of sentencing is with merit, and the judgment below is reversed, and the following is ruled again after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Defendant A and B of a community service order: Article 62-2 of the Criminal Act;