(영문) 부산지방법원 2015.10.16 2015노2647 | 리걸엔진

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크기(pt)

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줄 간격

자간(%)

(영문) 부산지방법원 2015.10.16 2015노2647

사기등

Text

All the judgment below is reversed.

As to the crime No. 1 of the judgment of the court below, the defendant is sentenced to six months of imprisonment, and No. 2.

Reasons

1. The summary of the grounds for appeal (the first crime in the original judgment: imprisonment with prison labor for eight months and the second crime in the original judgment: imprisonment with prison labor for six months) of the original judgment is too unreasonable.

2. Determination:

A. We examine the crime No. 1 of the judgment below as to the crime of this case, even though it is relatively large, and there is no complete performance of the damage, the defendant's defense counsel claimed that part of the damage amount (30 million won) was repaid, and the defendant's defense counsel repaid 50,000 won, which is half of the damage amount. However, considering the contents of the victim's written application for no punishment, the amount already paid is only 30,000 won, and the remaining 20,000 won was repaid in installments from August 30, 2015 to August 30, 2015, it is difficult to view that this part was repaid.

In full view of all the records and arguments of this case, including the fact that the remainder has been repaid or promised to repay in installments with the victim, the equitableness with the case where the judgment has become final and conclusive at the same time as the crime of this case, and the background of the crime of this case, the defendant's age, occupation, character and conduct, environment and circumstances after the crime of this case, the punishment of this part of the judgment below is deemed unfair.

B. As to the crime No. 2 of the judgment below, although the size of the game site of this case was not small, the crime of this case is not good, and the defendant committed the crime of this case without being able to do so even though it was under the period of probation, but has no same record, and the defendant has no substantial profit from the crime of this case and is in depth against the defendant. In full view of all the records and arguments of this case including the circumstances of the crime of this case, the defendant's age, occupation, character and conduct, environment, etc., and the circumstances after the crime of this case, the punishment of this part of the judgment below is deemed to be unfair.

3. According to the conclusion, the defendant's appeal is reasonable, and Article 364 of the Criminal Procedure Act is applied.

참조조문

-형사소송법 제364조

유사 판례

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