(영문) 창원지방법원 2017.11.15 2017노2100 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2017.11.15 2017노2100

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court, in light of the content of deception, rendered a sentence by taking account of the circumstances favorable to the Defendant’s efforts to recover damage, taking into account the fact that the crime is not good in light of the content of deception, there is a record of being suspended from the execution of the same crime, and that there was a record of being suspended from the execution of the same crime, 2 years and six months after the crime, and that the amount equivalent

In light of the fact that the defendant made efforts to recover damage, that the injured party submitted a written agreement that the injured party does not want the punishment of the defendant in the first instance court, that there was no criminal record of the defendant, that there was no criminal record of the defendant, and that considering the sentencing conditions such as the age, sexual conduct, relationship with the victim, motive, means and consequence of the crime, the sentencing conditions of the court below are changed, and thus, the sentence of the court below is unfair.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The normal consideration of the reasons for sentencing under Article 62-2 of the Criminal Act; and

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제347조 제1항

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