(영문) 수원지방법원 2014.06.19 2013노5679 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2014.06.19 2013노5679

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

Reasons

[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (compactingly unfair) Sentencing of the lower court (compacting four months of imprisonment) is too unreasonable.

However, there are circumstances unfavorable to the Defendant, such as the fact that the amount of damage caused by the instant crime reaches KRW 13.5 million in total, the Defendant did not make efforts to recover damage until the lapse of five years after the instant crime, and the fact that there was five records of fines imposed due to fraud.

However, considering the following circumstances: (a) the Defendant deposited the victim as the victim at the time of the trial; (b) the Defendant deposited the victim as the victim; (c) the time of self-esteem while living in custody near the two months in this case; (d) the Defendant’s age, character and conduct; (e) the motive, means and consequence of the crime; and (e) other circumstances that form the conditions for the sentencing in this case, such as the Defendant’s age, character and conduct; and (e) the motive, means and consequence of the crime; and

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for the judgment of multiple times] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

참조조문

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