(영문) 수원지방법원 2013.09.12 2013노3272 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2013.09.12 2013노3272

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Although the judgment on the Defendant’s assertion of unfair sentencing is limited to KRW 400 million in consideration of the following facts: (a) the Defendant denied the Defendant’s intent by defraudation from the court below to the court and did not recover damage; and (b) the Defendant alleged that sufficient collateral was provided without real repayment or security right while claiming release immediately after the appeal; (c) the Defendant recognized the Defendant’s crime against the Defendant; (d) repaid the victim’s total sum of KRW 2.3 million; (e) the Defendant provided security for the remainder of KRW 170 million; and (e) the victim did not want the Defendant’s punishment; (e) the victim did not want to be punished; and (e) the Defendant never want to be punished; and (e) there was no record of criminal punishment exceeding the fine; and (e) taking account of all the following factors in the records and arguments, such as the Defendant’s age, character, health, home environment, method and consequence of the crime; and (e) the circumstances before and after the crime, the lower court’s imprisonment is deemed unfair.

2. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is also ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is 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. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

참조조문

유사 판례

-부산지방법원 2014.08.21 2014노2221

-수원지방법원 2013.12.12 2013노4727

-수원지방법원 2013.05.16 2013노1384

-대전지방법원 2020.10.22 2020노1053

-서울중앙지방법원 2013.11.21 2013노3196