(영문) 전주지방법원 2014.10.31 2014노939 | 리걸엔진

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글꼴

크기(pt)

굵기

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자간(%)

(영문) 전주지방법원 2014.10.31 2014노939

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to require a strict punishment for the defendant in light of the fact that the defendant deceivings the victim without any intent or ability to pay a loan even if he purchases a vehicle with a loan from the victim, and the crime is not good, and the damaged amount exceeds 50 million won, and the defendant is a large amount of money exceeding 50 million won. However, in the meantime, the defendant is led to the crime of this case, and the defendant has an opportunity to reflect against the defendant's living in custody through one month, the defendant seems to have an opportunity to agree with the victim, the victim is seeking a wife against the defendant, the defendant has no specific criminal power except that he is sentenced to a fine for gambling around 1977, and there is no other criminal power except that he is sentenced to a punishment for gambling, and the defendant suffers a chronic closed disease or a high blood pressure with his old age, and the defendant's age, character and behavior, family relationship, circumstances after the crime, etc. are considered to be a condition for sentencing, and the defendant's allegation of unfair sentencing and sentencing is unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and 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. On the other hand, Article 62(1) of the Criminal Act is suspended;

참조조문

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