logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.09.04 2020노436
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

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

2. The circumstances that are disadvantageous to the Defendant include the fact that the amount obtained by the Defendant is a large amount, the fact that the amount obtained by the Defendant is a large amount, and the fact that the damage was not recovered is considerable.

However, the court below's punishment seems to be somewhat inappropriate in light of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, environment, motive for crime, means and consequence of crime, circumstance after crime, change of situation after the sentence of the court below, etc.

Therefore, the defendant's argument is justified.

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.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the severe penalty for concurrent crimes stipulated in the crime committed on November 16, 2017), among concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (in light of the circumstances favorable to the defendant in the above Article 62(2)) is the condition of sentencing as examined in the above paragraph(2).

arrow