(영문) 인천지방법원 2014.01.10 2013노3063 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2014.01.10 2013노3063

사기

Text

The judgment of the court below is reversed.

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

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

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

2. In light of the following: (a) the judgment was examined; (b) the amount of damage to the instant crime was not indicated as KRW 20 million; (b) the Defendant did not agree with the victim until the trial was held; and (c) the Defendant had the history of being punished several times by giving three suspended execution, etc. due to the same type of crime; and (d) the need to punish the Defendant solemnly.

However, in full view of the following factors: (a) the Defendant recognized the instant crime and against his mistake; (b) the Defendant deposited KRW 15 million in the victim’s future at the time of the trial; and (c) other various sentencing conditions in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the commission of the crime, the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and 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 (Special Consideration in favor of the defendant in the preceding sentence);

1. Article 62-2 (1) of the Criminal Act on probation and community service order;

참조조문

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