(영문) 서울동부지방법원 2014.10.31 2014노1253

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(영문) 서울동부지방법원 2014.10.31 2014노1253

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The crime of this case is part of the circumstances unfavorable to the defendant, such as the fact that the defendant could not have been awarded a successful bid for the above E University G branch but the crime of this case was committed by deceiving the victim as such, and the crime was not committed by deceiving the victim as such, but there is no record of the defendant's mistake. However, since the defendant led to a serious trial, there is no special record as well as the punishment imposed once due to the violation of the Road Traffic Act, the defendant suffers from urology, etc., and the health of the defendant is not good. When the management of the above University G branch operated by the defendant, it appears that the defendant committed the crime of this case in favor of the victim, the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, and the circumstances after the crime, etc., the sentencing guidelines of the Sentencing Committee is too unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act (Taking into account the reasons for reversal in the preceding case);

참조조문

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