(영문) 울산지방법원 2017.04.13 2017노54 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2017.04.13 2017노54

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

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

2. Unfavorable circumstances: the amount of damage inflicted on the instant crime is relatively large.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

In the past when the defendant was in a trial, the injured party is not punished against the defendant by agreement with the injured party.

The defendant is the first offender.

In full view of the following factors: (a) the Defendant’s age and character environment, including the above unfavorable circumstances, favorable circumstances, relationship with the victim, motive means of the crime, and the circumstances after the crime, etc.; and (b) the sentencing conditions and the scope of the recommended punishment according to the sentencing guidelines (one month to one year), the sentence imposed by the lower court is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each of the relevant parts of the judgment below, and thus, they shall be quoted 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. In the determination of the reasons for the above reasons for the appeal under Article 62(1) of the Criminal Act (the favorable circumstances in the determination of the reasons for the appeal above) of the suspended sentence, the sentence shall be determined in the same manner as the order, comprehensively taking into account all the conditions for the sentencing and the scope of the recommended sentences

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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