(영문) 서울남부지방법원 2018.11.15 2018노1643

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자간(%)

(영문) 서울남부지방법원 2018.11.15 2018노1643

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Although the amount of fraud of this case is a maximum amount of KRW 95 million, the punishment imposed by the court below is somewhat heavy in light of the following: (i) the defendant did not want the punishment of the defendant by agreement with the victim when the defendant was in the first instance; (ii) the defendant was aware of the seriousness of the crime of this case by living in prison for a certain period of time; (iii) the defendant seems to have been aware of the seriousness of the crime of this case; (iv) the defendant has no criminal record for the same kind of crime; (v) the defendant has no criminal record for a suspended sentence of execution, and (v) the social relationship appears to be obvious.

The decision is judged.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the corresponding column of the judgment below, except for adding “the Defendant’s statement in this court” to the column of the evidence. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The grounds for suspended sentence under Article 62(1) of the Criminal Act include the Defendant’s age, sexual conduct, environment, relationship with the victim, motive means and consequence of the crime, and other various conditions of sentencing as indicated in the instant case in light of the reasons for suspended sentence under Article 62(2) of the Criminal Act.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

유사 판례

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