(영문) 인천지방법원 2013.05.03 2013노521 | 리걸엔진

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(영문) 인천지방법원 2013.05.03 2013노521

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 two years from the date this judgment became final.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. It is necessary to strictly punish the defendant in light of the method of crime, the degree of damage, the relationship with the victim, etc., such as the following: (a) the amount of defraudation by the crime of this case reaches KRW 21 million; and (b) the amount of fraud by the crime of this case.

However, in light of the fact that the defendant recognized the crime of this case and against his mistake, that the defendant deposited KRW 10 million in the victim's future when the defendant was in the trial, that the victim was not punished, that the defendant did not have any serious criminal record exceeding the same kind and fine, that the defendant has been detained for more than two months in this case, and that the defendant seems to have an opportunity of reflect as he appears to have an opportunity of reflect. In addition, in full view of various sentencing conditions in the records and arguments, such as the defendant's age, family environment, circumstances before and after the crime, etc., the court below's punishment against the defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited 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 criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Special Consideration in favor of the defendant in the preceding sentence);

참조조문

유사 판례

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