(영문) 서울서부지방법원 2017.01.12 2016노1464

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(영문) 서울서부지방법원 2017.01.12 2016노1464

사기등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. With respect to the fraud described in Paragraph 1 among the facts of the crime alleged in the judgment of the court below, the defendant received KRW 39.5 million from the injured party from the investment in G business or received KRW 39.5 million from the injured party as the investment in G business, and in relation to the assault described in Paragraph 3 among the facts of the crime in the judgment of the court below, the defendant did not have any assault the injured party, and there was only physical contact which

Nevertheless, the judgment of the court below which convicted this part of the facts charged is erroneous by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court (6 months of imprisonment) is too unreasonable.

2. The Defendant, at the lower court, alleged the same time as the grounds for appeal of this case, rejected the above assertion by reasoning of the lower court’s judgment on the “a summary of evidence” column of the judgment.

Examining the judgment of the court below compared with the records, the judgment of the court below is justifiable.

Therefore, we cannot accept the Defendant’s assertion of mistake of facts or misapprehension of legal principles.

3. Despite the reasons for sentencing unfavorable to the defendant as stated by the court below regarding the unfair argument of sentencing, it is reasonable that the defendant deposited the amount of KRW 20 million on August 16, 2016 for the repayment of damage in the relevant civil procedure, and deposited the additional amount of KRW 25 million on December 30, 2016 to recover a considerable portion of damage to the property. In addition, in full view of the defendant's age, sexual behavior, environment, family relationship, motive, method, result, etc. of the crime, it is appropriate to take a corrective measure in society to prevent the defendant from repeating the crime through community service instead of suspending the execution of the punishment at once.

유사 판례

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