(영문) 대전지방법원 2015.04.08 2015노413 | 리걸엔진

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2015.04.08 2015노413

사기등

Text

The judgment of the court below is reversed.

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

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

Reasons

1. As to the summary of the grounds for appeal, the defendant asserts that the defendant's imprisonment (one hundred months of imprisonment) declared by the court below is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

2. In light of the motive and method of the crime, such as: (a) the Defendant committed larceny, such as theft of the victim G’s property, in dispute with the victim G in relation to the operation of L Bathing Beach; and (b) the Defendant demanded the victim K to return the money acquired by the Defendant; and (c) inflicted injury upon the Defendant, the Defendant committed multiple crimes for a long period; and (d) the Defendant committed multiple crimes against the Defendant.

On the other hand, the fact that the defendant has been punished in excess of the fine, and the defendant seems to have been given the opportunity to reflect once again through confinement life for more than two months is favorable to the defendant, such as the following: (a) although the defendant committed a large number of crimes, the defendant committed a large number of crimes, it does not seem to be a serious crime; (b) K does not want the punishment against the defendant by agreement with K, which is the victim of the crime of fraud and bodily injury; and (c) K does not have any record of punishment in excess of the fine; and (d)

In full view of the above circumstances and other circumstances that led to the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the Defendant’s punishment imposed by the lower court is somewhat inappropriate, and thus, the Defendant’s allegation of unfair sentencing is reasonable.

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.

[Discied Judgment] Criminal facts and summary of evidence of this case against the defendant.

참조조문

-형사소송법 제364조 제6항

유사 판례

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