(영문) 인천지방법원 2016.09.22 2016노2412 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.09.22 2016노2412

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

1. The sentence imposed by the court below on the defendant (one year and two months of imprisonment) is too unreasonable.

2. It is recognized that the fact that the money acquired by the Defendant from the damaged person is relatively large of KRW 180 million, and that the Defendant was in an unfaithful attitude, such as the absence of the Defendant on the sentencing date of the lower court, etc.

However, in full view of the following circumstances: (a) the Defendant led to the confession of the crime and the mistake of the Defendant; (b) the Defendant deposited KRW 19 million for the victim at the lower court; and (c) made an agreement with the victim by compensating the victim for further damage in the trial; (d) there was no previous conviction in the same kind; and (e) there was no record of having been sentenced to the penalty exceeding the fine since the Defendant was sentenced to a punishment for the crime of Lee Jong-sung in around 2001; and (c) such circumstances and other circumstances as the Defendant’s age, sex, motive, means, and consequence of the instant crime; and (e) the circumstances after the crime

Recognized.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the judgment of the court below and the summary of evidence is the same as the corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

유사 판례

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-대구지방법원 2018.06.28 2017노4006

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