(영문) 의정부지방법원 2016.12.09 2016노2417

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.12.09 2016노2417

사기

Text

The judgment below

The remainder, excluding the dismissed portion of the application for compensation order, shall be reversed.

A fine shall be imposed on Defendant 300.

Reasons

1. The summary of the grounds for appeal that the court below imposed on the defendant (700,000 won of a fine) is undue due to excessive fault

(2) Each of the crimes of this case committed by the Defendant is not less than the nature of the crime in light of the content and method of the crime, the agreement with the victim or the complete recovery of damage has not been made until now, and the fact that there was a record of punishment for the same kind of crime, etc. is recognized as an unfavorable circumstance to the Defendant.

However, in light of the following: (a) the Defendant committed the instant crime in the course of a trial, which is recognized as having committed the instant crime; (b) the amount of damage to each of the instant crimes is relatively larger than KRW 800,000 for the victim; (c) the Defendant deposited KRW 500,000 in the original trial for the victim; (d) balance with the ordinary sentencing in the same or similar case; (e) the Defendant’s age, character, conduct, intelligence and environment; and (e) the motive, background, means and consequence of the instant crime; and (e) other circumstances that are conditions for the instant sentencing, such as the Defendant’s age, character, conduct, intelligence and environment as indicated in the instant argument, motive, means and consequence of the instant crime; (c) the circumstances after the crime was committed, criminal record, family relationship, and economic circumstances, it

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is as follows. The summary of the evidence is as stated in each corresponding column of the judgment of the court below except for adding "the defendant's oral statement" on 1.0 billion won in the reasoning of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

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