(영문) 대전지방법원 2020.10.22 2020노1053 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2020.10.22 2020노1053

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to four months) of the lower court is too unreasonable.

2. The nature of the crime is not good in that the defendant committed a crime by using the personal trust relationship with the victim.

In addition, even though the amount of damage is 10 million won or more, the damage has not been recovered for a long time, and the victim actually suffered more damage.

Although long-term criminal records (198), although the defendant had been sentenced to criminal punishment for the same crime, he/she again committed the crime of this case even though he/she had been sentenced to punishment for the same crime.

This is disadvantageous to the defendant.

However, when the defendant was in a trial, all of his errors are recognized, and they are in depth against his depth.

The defendant does not seem to have committed a crime with a conclusive intention from the beginning, and there is no record of punishment for the same crime since 2002.

In addition, the defendant paid part of the amount to the victim as interest, and the defendant paid the amount of KRW 10 million after the decision of the court below, and the victim expressed his intention not to punish the defendant.

These circumstances can be considered in light of the circumstances favorable to the defendant.

Considering the overall factors of sentencing, such as the motive, background, means and method of the crime of this case, the circumstances before and after the crime of this case, the age, character and conduct of the defendant, and the environment, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are "1.1.1.1."

참조조문

-형사소송법 제364조 제6항

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