(영문) 창원지방법원 2013.07.04 2013노758 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2013.07.04 2013노758

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The sentencing of the lower court (one year of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment is based on the fact that the amount acquired by the defendant through the crime of this case exceeds KRW 200 million.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and is detained for not less than two months, and thus, reflects his mistake in depth; (b) the Defendant did not have any history of punishment for the same kind of crime; (c) the Defendant paid the Defendant a total of KRW 60 million to the Defendant and agreed to pay the Defendant a total of KRW 60 million to the Defendant; and (d) the Defendant complained of the Defendant’s wife, and other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, motive, background, means, method, method and consequence of the instant crime; and (e) the circumstances before and after the crime; and (e) the Defendant’s sentence imposed by the lower

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 of this case is based on its reasoning, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted 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. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

참조조문

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