(영문) 광주지방법원 2020.10.20 2020노1875 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.10.20 2020노1875

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The judgment amounting to KRW 40 million and the amount of damage was not fully paid to the victim (the defendant stated that he/she agreed to pay KRW 25 million in cash and deducted tuition fees not received from the victim) is an element of sentencing unfavorable to the defendant.

However, the sentencing factors favorable to the defendant are the fact that the defendant recognized the crime of this case, that the victim does not want the punishment of the defendant when the victim reached an agreement with the victim, and that the defendant has no criminal record exceeding the fine.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is deemed 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 Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act, as stated in each corresponding column of the judgment below.

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 (generally, choice of imprisonment);

1. The sentence against the defendant shall be determined in consideration of the reasons for sentencing under Article 62(1) of the Criminal Act and the circumstances described in Article 62(2).

참조조문

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