(영문) 전주지방법원 2014.07.18 2014노351 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2014.07.18 2014노351

사기

Text

The judgment below

The part, excluding the rejection of an application for compensation order, shall be reversed.

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

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. In view of the fact that the instant crime was committed by the Defendant by defrauding the insurance proceeds by the death of the husband of the victim, and that the nature of the crime is not very good, and that it does not reach an agreement with the victim, it is necessary to strictly punish the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized a criminal act and has a deep depth against the Defendant; (b) the Defendant repaid to, paid in kind, paid in lieu of, or deposited for, the victim a sum of approximately KRW 59,20 million up to the date of the lower judgment; (c) the Defendant additionally deposited KRW 12 million after the sentence of the lower judgment; (d) the Defendant did not have any particular history of punishment except for the Defendant who was sentenced once to a fine for this type of crime; and (e) the Defendant’s age, character and behavior, environment, family relationship, and circumstances after committing the crime, etc., the lower court’s punishment is somewhat inappropriate and thus, the Defendant and his defense

3. In conclusion, the part of the judgment below excluding the rejection of the application for compensation order among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant's appeal is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution (Taking into account the preceding reasons for reversal);

1. Social service order under Article 62-2 of the Criminal Act;

참조조문

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