(영문) 창원지방법원 2015.02.12 2014노2944 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.02.12 2014노2944

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. The crime of this case is a case where the defendant obtained a total of KRW 50 million from the victim on two occasions, and the amount of damage is high, and the damage is not sufficiently recovered, etc., which are disadvantageous to the defendant.

However, taking into account the following circumstances: (a) the Defendant appears to have recognized all the crimes in the trial and against his mistake; (b) the Defendant’s wife partially repaid the amount of damage; (c) the Defendant’s wife has made efforts to recover the damage of the victim in the future; (d) the Defendant has no same criminal record or no criminal record, (e) the Defendant has deposited KRW 2 million for the recovery of the victim’s damage after the sentence of the lower judgment; and (e) the fact that the Defendant has a family member to support the Defendant after the sentence of the lower judgment; and (c) the Defendant has been detained for two months; and (d) other circumstances, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

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

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Article 62(1) of the Criminal Act:

참조조문

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