(영문) 울산지방법원 2018.01.11 2017노1414 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2018.01.11 2017노1414

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 a period of one year from the date this judgment becomes final.

Reasons

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

2. Circumstances unfavorable to the judgment on the grounds of appeal: The amount of damage caused by the instant crime is a total of KRW 40 million.

The favorable circumstances: The defendant shows his attitude to recognize and reflect the crime of this case.

The crime of this case shall be taken into account the case where the judgment is to be rendered at the same time in the relationship of concurrent crimes with each previous offense in the judgment of the court below which became final and conclusive.

The Defendant agreed to pay KRW 22 million to the victim C in advance of the trial for the first time. The Defendant paid KRW 10 million among them on November 15, 2017, and agreed to pay KRW 12 million in installments to the victim C in 12 installments each month from December 15, 2017, respectively. The Defendant agreed to pay KRW 15 million among them to the victim H in 20 million by mutual agreement. The Defendant’s father paid KRW 15 million on November 13, 2017, on five occasions each month from the end of November 2017, and Defendant P did not want to have the victim H paid the remainder of KRW 5 million in 5 million by mutual agreement.

The sentencing criteria shall not apply to the crimes of this case, including the above unfavorable circumstances, the defendant's age, character and behavior environment, relationship to victims, motive means of crime, and circumstances after the crime, etc., which are shown in the arguments and records of this case, including the circumstances of the crime.

In full view of the above, the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too large.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

【Grounds for another judgment】

참조조문

-형법 제37조

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