(영문) 인천지방법원 2021.01.29 2020노3846 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2021.01.29 2020노3846

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

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

2. Determination of the amount of damage caused by the instant crime exceeds KRW 100 million, and the amount of damage not recovered until now exceeds KRW 60,000,000, and the Defendant has long been punished several times due to the same kind of crime, which is disadvantageous to the Defendant.

However, the fact that the defendant has been recognized as committing the crime of this case for the first time, the fact that the defendant paid 30 million won while being investigated by the victim, and additionally paid 10 million won in the trial to the victim, and that there is no record of punishment exceeding the fine, etc. are favorable to the defendant.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, the punishment imposed by the court below is too unreasonable.

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 reasonable, and the judgment below is reversed and it is ruled again as follows.

[Grounds for the judgment below] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are identical to the corresponding column of the judgment of the court below, except for the alteration of the "1. Part of the defendant's court statement" to the "1. The defendant's court statement" in the summary of the evidence to the "1. The defendant's court statement" as stated in each corresponding column of the court below's judgment. Thus,

Application of Statutes

1. In full view of various circumstances examined in the judgment on the grounds of appeal prior to the grounds of sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the same Act regarding criminal facts, the punishment shall be determined as per Disposition.

참조조문

-형법 제347조 제1항

유사 판례

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-서울북부지방법원 2021.02.17 2020노1465

-전주지방법원 2016.09.22 2016노804

-의정부지방법원 2018.01.29 2017노3411

-전주지방법원 2018.11.29 2018노1413