(영문) 광주지방법원 2014.02.12 2013노2732 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2014.02.12 2013노2732

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The crime of this case is not deemed to be a good crime that is the defendant's planned deception of victims to take money of KRW 87 million. The defendant was sentenced to a fine of KRW 2 million on August 19, 199 as the same crime, and the execution of the punishment was completed on October 17, 2007 and was completed on January 9, 2008. The defendant committed part of the crime of this case during the repeated crime period. Although the defendant agreed with victims, even though the defendant agreed with victims, he only paid part of KRW 80 million out of the sum of the money acquired, and the victim J did not comply with the agreement, and the defendant want to take a severe punishment against the defendant. In view of the fact that the defendant's confession in the crime of this case is against his own mistake, the defendant's confession, victim E, N and the victim, and the victim, and the judgment of the court below, the defendant's age before and after the completion of the punishment, and all other circumstances of the defendant's personality and behavior and behavior, etc.

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.

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. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes (as to the crimes of 1, 2, 3, and 6 at the time of sale)

1. Article 37 of the Criminal Code among concurrent crimes.

참조조문

유사 판례

-대구지방법원 2013.07.12 2013노1207

-서울동부지방법원 2014.11.14 2014노1046

-수원지방법원 2015.04.24 2014노6765

-수원지방법원 2015.07.10 2015노1437

-의정부지방법원 2019.11.28 2019노210