(영문) 제주지방법원 2020.05.28 2019노1143 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2020.05.28 2019노1143

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The gist of the grounds for appeal by the prosecutor is that the punishment imposed by the court below (six months of imprisonment) is too uneasible, and the summary of the grounds for appeal by the defendant is unreasonable because the above sentence imposed by the court below is too unreasonable.

2. In light of the fact that the amount of fraud caused by the instant crime is not significant in determining the grounds for appeal, and that the Defendant was punished once by a fine for the same kind of crime, as well as the Defendant committed the instant crime during the suspended execution period due to the instant crime, the Defendant’s liability for the instant crime is not easy.

However, in full view of all the sentencing conditions in the instant case, including the defendant's age, character and conduct, motive and attitude of the crime, and circumstances after the crime, it is deemed that the sentence imposed by the court below is too unreasonable, because it is too unreasonable, considering the fact that the defendant has recognized his mistake, and the defendant has paid 15 million won to the victim in the first instance, and the victim does not want the punishment against the defendant by agreement.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

(3) Article 369 of the Criminal Procedure Act provides that “The grounds for appeal by a prosecutor are without merit, but the decision of the court below shall not be dismissed separately from the decision of the court below.”

Application of Statutes

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

1. Determination of the grounds for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances as seen in the determination of the grounds for appeal) of the suspended sentence shall be made in the same manner as the Disposition, as set forth in the judgment on the grounds for appeal.

참조조문

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