(영문) 서울중앙지방법원 2017.04.14 2017노183

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.04.14 2017노183

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 main sentence of the appeal is too heavy.

2. The Defendant, while making a confession of a crime, was against the victim’s dignity, and agreed with the victim B.

In addition, if the conditions of sentencing as shown in the record are considered together, it is necessary to re-determine the punishment.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Judgment of the court below] The summary of criminal facts and evidence is the same as the relevant column of the court below's judgment.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 (limited to cases where the scope of liability for compensation is unclear due to partial repayment, etc. by the defendant) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order;

1. Where the mitigation area (one month to one year) in the mitigation area (one year from January to one year) (the person subject to special mitigation) is not subject to punishment, or considerable damage has been recovered, due to the application of the sentencing criteria [the scope of the recommended punishment] in general fraud;

2. Determination of sentence shall be determined in consideration of the grounds for reversal of sentence, the age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and other various sentencing conditions as shown in the arguments in this case.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

유사 판례

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