logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.02.17 2015노4860
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable because the lower court’s sentence is too unreasonable.

2. In light of the contents and circumstances of each of the instant crimes, it is not good that the Defendant’s crime is not committed, and the defrauded amount also reaches KRW 5,99,00,000.

However, in light of the following facts: (a) the Defendant made a confession, and the victim F, H, and I submitted a written withdrawal of a complaint to the Defendant; (b) the victim G, D, and C submitted a written withdrawal of a complaint to the Defendant or an application for no punishment by further agreement with the victim G, D; (c) each of the instant frauds in the first head as stated in the judgment of the lower court should consider equity with the case of concurrent crimes in relation to each of the crimes listed in the first head as stated in the judgment of the lower court and the latter after Article 37 of the Criminal Act; and (d) other factors such as the motive, means, and consequence of the instant crime, the Defendant’s age, sex, environment, health status, criminal records, and the circumstances after the crime were committed, the lower court’s punishment is somewhat unreasonable.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows after pleading.

The facts of crimes and the summary of evidence recognized by the court are all as stated in the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts of crime, Article 347(1) of the Criminal Act (the point of frauds), Articles 6(1) and 3 (the point of receiving similar amounts of punishment) of the Act on the Regulation of Similar Receiving Acts, and the choice of imprisonment for a crime;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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

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

arrow