(영문) 서울중앙지방법원 2013.11.21 2013노3196

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(영문) 서울중앙지방법원 2013.11.21 2013노3196

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. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the grounds for appeal of this case is limited to KRW 100 million, and there is no agreement with the victim even though a considerable time has passed after the crime, and there is a disadvantage to the defendant.

However, on the other hand, there are circumstances that can be considered, such as the fact that the defendant recognized his mistake and reflects in depth, that the defendant deposited a total of KRW 60 million for the victim after the decision of the court below, and that the defendant has no specific penalty power except for the punishment of a fine by a previous conviction. In full view of various circumstances that are the conditions for sentencing specified in the arguments and records of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, the court below's sentencing is deemed unfair, and therefore the defendant's argument is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Taking into account the favorable circumstances in light of the reason for reversal);

참조조문

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