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(영문) 대구지방법원 2018.05.03 2017노5647
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 6 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court determined that: (a) considering the circumstances that the Defendant did not recognize his/her mistake; (b) applied for postponement of a series of rulings on the grounds that the Defendant agreed with the victim; (c) did not reach an agreement; and (d) the victim’s damage has not been recovered for a long time; and (c) taking into account the circumstances favorable to the fact that the Defendant did not have any history of punishment for the same kind of crime; and (d)

However, in full view of the above favorable circumstances in consideration of the court below, the defendant's repayment of KRW 25 million to the victim after the sentence of the court below, and all other factors of sentencing such as the defendant's age, sex, environment, background leading up to the crime, means and result, scale of the crime, circumstances after the crime, etc., the sentence imposed by the court below is unreasonable.

3. As such, the defendant's appeal is with merit, 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 ruled again as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence is as stated in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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