(영문) 광주지방법원 2016.01.27 2015노1952 | 리걸엔진

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자간(%)

(영문) 광주지방법원 2016.01.27 2015노1952

사기

Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

However, from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. A favorable circumstance is that the Defendant’s mistake is recognized, the total amount of damage is not relatively large to KRW 1,025,000, the Defendant paid half of the amount acquired by deception to some victims, and the Defendant’s age is equal.

However, each of the instant crimes was committed from July 2, 2014 to November 16, 2014, while the defendant was issued a summary order of KRW 700,000,000,000,000,000 on June 12, 2014, which was subject to the suspension of indictment and juvenile protective disposition for the same crime, and the defendant committed each of the instant crimes. Since the defendant continued to commit the instant crimes without the awareness of any particular crime, it was not good that the crime was committed, even if the defendant was investigated by an investigative agency on part of the instant crimes, the victim was not significantly injured, and the victim was a majority of the victims, and the victim’s mental suffering is deemed to have suffered from the mental suffering of the instant crime. The court below’s assertion that the Defendant committed the instant crime was too unfavorable since it appears that there were considerable mental suffering, such as the Defendant’s oral argument.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of statutes

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act concerning criminal facts (the choice of imprisonment).

참조조문

-형법 제347조 제1항

유사 판례

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-광주지방법원 2016.04.27 2016노638

-대전지방법원 2013.11.06 2013노1557

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