beta
(영문) 서울남부지방법원 2014.02.13 2013노1890

사기

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment of the court below (one year of imprisonment, etc.) is too unreasonable.

The defendant committed each of the crimes of this case during the period of repeated crime is disadvantageous to the defendant.

However, in light of various sentencing conditions indicated in the pleadings of the instant case, such as the method of the instant crime, background, circumstances after the instant crime, Defendant’s age, personality and conduct, and family relationship, the punishment of the lower judgment is too unreasonable, since it is deemed that the Defendant’s assertion is too unreasonable.

Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as shown in the corresponding column of the judgment below, except for adding “1. Defendant’s trial testimony” to the summary of the evidence, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

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