logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.11.01 2013노1178
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. This case is a good example that the defendant has forged a loan certificate under the name of another and used it to constitute a crime of borrowing money from the victim.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake from the investigative agency to the court; (b) the Defendant did not have the same criminal records; (c) G expressed his intent that the Defendant does not want to punish the Defendant; and (d) G paid KRW 80,000,00 among the construction price that G and the Defendant should pay to the Defendant to the victim; and (c) the conciliation was completed, taking into account the Defendant’s age, character and conduct, environment, circumstances leading to this case; (d) circumstances after the crime was committed; and (e) various conditions of sentencing as specified in the argument of this case, the sentence imposed by the lower court against the Defendant appears to be somewhat unreasonable

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column 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(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. As examined in the grounds for reversal of sentence under Article 62(1) of the Criminal Act (a favorable consideration of the above grounds for reversal).

arrow