(영문) 창원지방법원 2015.04.01 2015노245 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.04.01 2015노245

사기

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

Reasons

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

2. Each of the crimes of this case is deemed to have committed the crime of this case in a five-time manner by deceiving the Defendant from the victims of the same marriage, etc., by deceiving him/her of his/her money, etc. in cash, etc., in light of the method and frequency of the crime. The Defendant had been punished several times due to the crime similar to each of the crimes of this case in the past, and each of the crimes of this case was committed again even during the period of repeated crime due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny). In light of each of the crimes of this case and the records of punishment, etc. of each of the crimes of this case, it appears that the Defendant

However, considering the circumstances favorable to the defendant, such as the confession of each of the crimes in this case by the defendant, the victims' actual damage amount is relatively low, the defendant agreed with some victims, and some of the damaged goods have already been returned, the defendant's wife appears to have been married recently, and the defendant's wife seems to have been in the lead of the defendant, etc., and the extent of the recommended sentence according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court (at least one year of imprisonment) and other various sentencing conditions shown in the records and arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is recognized that the punishment imposed by the court below is somewhat unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형사소송법 제364조 제6항

유사 판례

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