(영문) 창원지방법원 2015.02.04 2014노2776 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.02.04 2014노2776

사기

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

Reasons

1. The main point of the grounds for appeal is that the punishment imposed by the court below on the Defendants (one year of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendants in collusion, posted a notice to sell goods on the Internet site, and received the price of goods from the victims who reported and contacted with the Defendants. The Defendants planned to commit the crime of this case by preparing answers in preparation for the commencement of investigation by an investigation agency at the time of the crime, moving the place of response, etc., there was a history of punishment against Defendant A for the same crime (two times of imprisonment), and the Defendants committed the crime of this case during each repeated crime due to the previous offense in the judgment of the court below, and the victim K wanted to have a strict punishment against Defendant B who did not make an agreement.

However, in full view of the following circumstances: (a) the Defendants recognized the crime of this case; (b) Defendant A agreed with the victims; (c) Defendant B did not have any history of punishment for the same kind of crime; (d) the result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court of Korea [the scope of punishment for fraud less than KRW 100 million: between January and January 1; (b) year; (c) year; (d) the person not subject to punishment as a special person; and (e) the case where considerable damage was recovered]; and (e) the Defendant’s age, character, character, environment, circumstances, means and consequence of the crime; and (e) the circumstances after the crime, etc., which are the conditions for sentencing

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendants is all reasonable.

Criminal facts

The summary of the facts charged and the evidence recognized by the court is the same as the statement of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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