beta
(영문) 서울서부지방법원 2019.06.13 2019노284

사기

Text

The judgment of the court below is reversed.

Imprisonment with prison labor for a crime No. 1, which is set forth in the judgment of the defendant, for four months.

Reasons

1. The summary of the reasons for appeal (6 months of imprisonment and 4 months of imprisonment) by the lower court is too unreasonable; and

2. Although it is inevitable to sentence sentence because it is a crime during the judgment period for a repeated crime, considering the fact that the amount of damage or its excess is repaid, that there is an agreement with the victims, and that the sentence of the court below is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

1. In light of various circumstances examined in the judgment of the reasons for sentencing prior to the reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act (the second crime at the time of sale), and the criminal records of the accused, the punishment shall be determined as set forth in the text of the Criminal Act.