(영문) 대구지방법원 2019.07.19 2019노952 | 리걸엔진

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(영문) 대구지방법원 2019.07.19 2019노952

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

Reasons

1. The summary of the grounds for appeal (three years of suspended execution in August and one hundred and twenty hours of probation, community service, etc.) of the lower court is too unreasonable.

2. The crime of this case is not suitable in light of its circumstances, the details of deception, and the amount of fraud.

In addition, even though the defendant has been sentenced to a suspended sentence of imprisonment with prison labor due to a crime of the same kind at least ten times, and was sentenced to a fine similar to a similar crime during the suspended sentence period, there is considerable room for criticism in that he committed the crime of this case.

However, in full view of the favorable circumstances, such as the fact that the defendant's mistake is recognized and against the victim, the victim's repayment of damage, and the fact that the victim does not want to be punished against the defendant, the defendant is under the circumstances that the defendant should support a state of health due to pulmonary cancer operation and dementia, and other circumstances that form the conditions for sentencing specified in the argument of this case, such as the defendant's age, character and behavior, environment, and circumstances after the crime, it is determined that the punishment of the court below is heavy.

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 is ruled again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited 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. Article 62 (1) of the Criminal Act (Consideration of the favorable circumstances in the preceding);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

참조조문

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