(영문) 부산지방법원 2019.06.27 2019노176 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2019.06.27 2019노176

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The crime of this case in light of the method of crime and the amount of fraud, the crime of this case was committed by deceiving the victim and being supplied with 150,000 won or more at the market price, and the crime of this case is not committed.

In addition, the defendant has been punished for the same crime.

However, in light of the fact that the defendant recognized his mistake and reflects it, the victim's considerable damage was recovered and reached an agreement with the victim at the time of the trial, and other various sentencing conditions such as the defendant's age, character and conduct, the method and circumstances of the crime, and the circumstances after the crime, etc. as shown in the arguments of the court below and the party hearing, the sentence of the court below is deemed unfair.

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.

[Dao-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding part of the judgment of the court below, except for adding "1. The defendant's oral statement at the court below" to "the summary of evidence" of the judgment of the court below. Thus, it is citing it as it is 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 criminal punishment, and the choice of imprisonment;

1. Determination of the same sentence as the order shall be made in consideration of the circumstances in the grounds for reversal of sentencing under Article 62(1) of the Criminal Act.

참조조문

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