(영문) 서울북부지방법원 2014.11.07 2014노1012

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2014.11.07 2014노1012

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The sentence imposed by the court below (three months of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant purchases a vehicle using a credit card issued by the victim for the purpose of preparing money by selling the vehicle only purchased without the defendant's intent of repayment. The crime of this case is not less than the nature of the crime in light of its circumstances, method of crime, amount of fraud, etc., and the fact that the defendant escaped together with his family after the crime of this case.

However, taking into account the following factors: (a) the Defendant led to the instant crime; (b) the Defendant made confession of the instant crime; (c) the Defendant paid part of the damage to the victim after the pronouncement of the original judgment; (d) the Defendant agreed to pay back part of the damage with the victim; (c) the Defendant has no record of punishment equal to or higher than imprisonment without prison labor; (d) the Defendant has to take care of his children with developmental disorder; and (e) the Defendant’s age, character and conduct and environment; (e) the motive, means and consequence of the instant crime; and (e)

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.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below. Thus, they are cited 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 on the suspension of execution (i.e., circumstances favorable to the defendant examined in the preceding reason for reversal);

참조조문

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