beta
(영문) 창원지방법원 2017.04.19 2017노342

사기

Text

The judgment below

Part 2 of the judgment of the court below is reversed.

A person shall be punished by imprisonment with prison labor for not less than six months for a crime of No. 2.

Reasons

The court below rendered a sentence by taking into account the following circumstances: (a) the defendant has been subject to punishment for fraud of the same kind of law several times; (b) the defendant committed each of the crimes of this case during the repeated crime period; (c) the victim F was led to a confession; (d) the defendant made a confession on May 22, 2014; and (e) equity in the case of being simultaneously sentenced to a crime of fraud and Article 37 of the Criminal Act; and (e) balance in the case of being sentenced to concurrent crimes after Article 37 of the Criminal Act; and (e) the victim F with the victim F; and (e) the fact that the above victim did not be subject to punishment for the defendant; and (e) the fact that the defendant repaid the victim D with the victim D with the amount of damage.

As to the first crime in the holding, the above sentencing conditions have changed in the trial.

There is no reason to see the above sentencing, and when considering the above sentencing as a whole, the sentence of the court below is too unreasonable.

Therefore, the above argument about the first crime in the judgment of the defendant is without merit.

However, the victim F of the crime No. 2 in the decision of the court below was prepared by the defendant and submitted a written agreement. In the first instance court, the victim was fully paid the amount of damage to the defendant, and the defendant was smoothly agreed with the defendant. In addition, considering the defendant's age, sex, relationship with the victim, motive, means and consequence of the crime, and the sentencing conditions such as the defendant's age, sex, relationship with the victim, motive, means and consequence of the crime, the sentence of the court below on the crime No. 2 in the decision is unreasonable.

3. In conclusion, the above part shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following shall be decided through pleading, and the first crime shall be committed in the judgment of the defendant, on the grounds that the appeal against the second crime in the judgment of the court below is justified.