(영문) 창원지방법원 2015.09.03 2015노1533 | 리걸엔진

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자간(%)

(영문) 창원지방법원 2015.09.03 2015노1533

사기등

Text

The judgment below

The part, excluding the dismissal of public prosecution, shall be reversed.

Defendant’s imprisonment with prison labor for eight months and fine for 1,00.

Reasons

1. Under Article 327 subparagraph 6 of the Criminal Procedure Act, the court below rendered a judgment dismissing the prosecution in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act on the ground that the defendant collected the check or the holder of the check does not want to be punished against the defendant as to each of the checks listed in attached Table 1 through 6, 9, 10 each of the checks listed in attached Table 1 and attached Table 1, 7, and attached Table 3, 3, 4, 7, 8, and 10, among the facts charged in this case, among the facts charged in this case, the court below found the defendant guilty of the remaining facts charged on the grounds of unfair sentencing. Since only the defendant filed an appeal on the grounds of unfair sentencing with respect to the conviction,

Therefore, the scope of the judgment of this court against the judgment below is limited to the guilty part of the defendant except the above dismissed dismissal part.

2. The gist of the grounds for appeal asserts that the punishment imposed by the court below (a fine of eight months of imprisonment and a fine of one million won) is too unreasonable.

3. The crime of this case is recognized that each of the crimes of this case is committed by the Defendant by deceiving the victim, by acquiring landscaping materials equivalent to KRW 33550,000,000, and by issuing the check after issuing the check, and the amount of damage is not small, but all of the defaulted checks are not recovered.

However, the court below's punishment is somewhat inappropriate in light of various circumstances, including the defendant's age, character and conduct, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., and the sentencing conditions stated in the arguments and records of this case, as well as the fact that the defendant has reached an agreement with the victim, and additionally collected the number of votes listed in the attached Table 1, 2, 5, 6, and 9 No. 3 List of Crimes 1, 2, 6, and 9 as well as the fact that there has been no record of criminal punishment until now.

4. The Defendant’s appeal is with merit.

참조조문

-형사소송법 제327조 제6호

유사 판례

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