(영문) 대전지방법원 2019.09.11 2019노183 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2019.09.11 2019노183

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and one year of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The fact that the defendant's mistake was recognized in the first instance, and half of the amount of damage was restored to the victim is the circumstances favorable to the defendant.

However, in light of the circumstances and methods of the crime, there is a bad character of the crime, including the suspension of the execution of imprisonment for a crime of this type, and there is a record of punishment several times including the suspension of the execution of imprisonment for a crime of this type, and in particular, it is judged that the crime of this case has been committed repeatedly during the suspension of the execution period due to a crime of this type, and that the risk of recidivism is high, and that the damage has not been fully recovered even though the crime of this case was provided with considerable opportunity for recovery of damage after the crime of this case, and that the victim did not agree with the victim or received a letter from the victim, and the victim did not want to be punished with the penalty of this case is disadvantageous to the defendant, and in view of all other sentencing conditions as shown in the records

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

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, and the sentencing prior to the reasons for sentencing the sentence of imprisonment shall be determined as ordered by the court

참조조문

-형법 제347조 제1항

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

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