logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.08.21 2015노3951
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Although the court below did not have the ability to change the visa, it is necessary to punish the defendant in a strict manner because the crime is very poor by deceiving the two victims by deceiving them, and therefore, it is necessary to punish the defendant. However, while the defendant recognizes the crime of this case, it seems that the defendant has an opportunity to sufficiently reflect the defendant's life in custody in the middle of one month, and the defendant has reached a unanimous agreement with the victims during the trial, and other various circumstances, including the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., the sentence imposed by the court below is somewhat somewhat unreasonable, and thus, the defendant and his defense counsel's allegation of unfair sentencing is justified.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, 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. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

arrow