(영문) 청주지방법원 2014.06.13 2014노169 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2014.06.13 2014노169

사기

Text

The judgment of the court below is reversed, and the compensation order is revoked.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The Defendant’s judgment on the grounds for appeal (e.g., unjust assertion) committed the instant fraud against the victim several times, and the amount of damage incurred therefrom is not specified as KRW 15.7 million, etc. are disadvantageous to the Defendant.

However, the court below's punishment (one hundred and twenty years of imprisonment, one hundred and twenty hours of probation, and one hundred and twenty hours of community service) is too unreasonable in light of the following circumstances: (a) the defendant has recognized all of the crimes in this case; (b) the victim has agreed to pay the amount of damage to the victim and seek the wife against the defendant; and (c) the defendant has no record of punishment for the same kind of crime and there is no criminal record exceeding the fine; and (d) other various sentencing conditions in the records, such as the defendant's age, character and behavior, family relationship, and circumstances after the crime.

2. In conclusion, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Meanwhile, since the scope of liability for compensation is unclear as the above applicant for compensation is recognized as having received the amount of damage from the defendant, it is not reasonable to issue an order for compensation in the criminal procedure. Thus, the part of the court below's order for compensation pursuant to Article 33 (4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings shall be revoked and the application for order for compensation by the applicant for compensation shall be dismissed pursuant to Articles 32 (1) 3 and 25

Criminal facts

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

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.

참조조문

-소송촉진 등에 관한 특례법 제33조 제4항

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