(영문) 창원지방법원 2018.05.09 2018노510 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2018.05.09 2018노510

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of the grounds for appeal each sentencing (the sentence of the lower court shall be punished by imprisonment with prison labor for up to six months);

2. The lower court: (a) under favorable circumstances in which the Defendant recognized the instant crime; (b) had a record of having been punished at least 25 times, including several criminal records for the same kind of crime; (c) has not completed the execution of punishment for the same crime; and (d) has not committed a second offense; and (c) has a large amount of damage.

Considering the fact that damage has not been recovered even if it is difficult to see, the sentence was imposed in consideration of the following factors: the Defendant’s age, sex, environment, motive and means of the crime, circumstances after the crime, etc., and various sentencing conditions as shown in the instant records and arguments.

However, in full view of the fact that the defendant submitted a reply several times in the trial, and that the defendant agreed with the victim during the trial, etc., the sentence of the court below is somewhat unreasonable since it has changed the sentencing conditions of the court below.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the court below's judgment. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment);

1. Normal consideration prior to the sentencing reason under Article 35 of the Criminal Act for aggravated repeated crimes

참조조문

-형법 제35조

-형법 제347조 제1항

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