(영문) 의정부지방법원 2020.01.17 2019노2946

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.01.17 2019노2946

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 summary of the grounds for appeal (one year and six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant has the following disadvantageous circumstances:

Even around 2007, the defendant has been sentenced to suspended execution for fraud.

The defendant, while holding office as a pastor, deceivings the victims who are the believers several times and took money corresponding to KRW 100 million from them, and the crime is not good in light of the details of the crime and the scale of damage, etc.

However, there are the following favorable circumstances for the defendant.

The defendant recognized the crime of this case and is against the law.

Before the judgment of the court below was rendered, the defendant paid KRW 1.6 million to the victim M, KRW 2.68 million to the victim F, and KRW 1.3 million to the victim I.

The defendant paid 15 million won to the victim M in reality to the victim F, 6.5 million won to the victim F, and 7.5 million won to the victim I, and the defendant and the defendant agreed to pay the remaining amount to the victims in the future.

In light of the sentencing conditions as shown in the argument of this case, including the circumstances favorable to the defendant, the sentence imposed by the court below was changed in the trial, resulting in the change in the sentencing conditions, so it was too unreasonable.

Therefore, the defendant's above assertion is justified.

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] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act for the crime and the choice of punishment (a comprehensive sentence for each victim)

참조조문

-형법 제347조 제1항

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

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