(영문) 창원지방법원 2014.04.02 2014노192 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2014.04.02 2014노192

사기등

Text

1. The part of the judgment below excluding the compensation order shall be reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

3.Provided, That.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine both the judgment and the prosecutor’s allegation of unreasonable sentencing.

The Internet commercial transactions are conducted on the basis of the general trust in trading. The Defendant’s crime of fraud in this case was committed against the order of such electronic commerce, the mass production of many victims, and the quality of the crime is not good. In practice, the victims of the fraud in this case did not fully recover from the damage, and the Defendant committed a crime such as injury and obstruction of performance of official duties, etc. without being aware of the damage, even before the crime in this case was committed, and the Defendant was punished by a fine, etc. under the same law, even before the crime in this case was committed.

However, if the defendant excluded from the criminal records of a fine, the sentence imposed by the court below is too unreasonable, since the defendant still has no criminal records of a suspended sentence or sentence, the defendant's age is relatively small, the amount of damage by victim of the fraud in the crime of this case is a relatively small, the defendant recovered from many victims due to the fraud, and the victim of the violation of the Punishment of Violences, etc. Act (joint conflict) has agreed to pay a part equivalent to the amount of damage and agreed to pay the amount of damage, and the defendant has a favorable circumstance, such as the defendant's family environment, circumstances after the crime, etc., and all of the sentencing conditions in the records of this case, such as the defendant's family environment, and circumstances after the crime, are considered to be unfair, the above argument of the defendant

3. In conclusion, the defendant's appeal is reasonable, and thus, the court below's order of compensation is excluded pursuant to Article 364 (6) of the Criminal Procedure Act.

참조조문

-폭력행위 등 처벌에 관한 법률

-형사소송법 제364조 제6항

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