logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.06.04 2019노836
사기
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) of the lower court’s sentencing (e., one year of imprisonment) is too unreasonable.

2. The Defendant, who did not have the ability or intent to repay money, by deceiving the victims in spite of the absence of the capacity or intent to do so, is required to take into account the following: (a) the Defendant committed a crime against the victims over several months; (b) the amount of damage to the victims is not good; (c) the victim was investigated by committing a crime against the victim B; (d) the victim’s escape and living for a long time is expected to have been avoided; (e) the victim H did not receive a letter of intent; and (e) the Defendant repeated the same crime despite the history of criminal punishment for fraud.

However, the court below's punishment against the defendant is too unreasonable, considering the circumstances favorable to the defendant that the above victim did not want the punishment of the defendant by mutual consent with the victim B, and considering the defendant's age, career, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc., as a whole, the sentencing factors of all the sentencing factors and similar cases as shown in the arguments of this case such as the defendant's age, career, character and conduct, environment, motive and circumstance after the crime.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 and Article 38(1) of the Criminal Act to increase concurrent crimes.

arrow