(영문) 인천지방법원 2014.02.14 2013노2794 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2014.02.14 2013노2794

사기

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for nine months.

Reasons

1. The main point of the grounds for appeal is that the punishment imposed by the court below on the Defendants (one year of imprisonment) is too unreasonable.

2. The crime of this case is inevitable to sentence the Defendants with sentence on the following grounds: (a) the victim acquired a security deposit, which is close to the whole property, and the nature of the crime is not good; and (b) the amount exceeding 2/3 of the damage is not repaid yet; and (c) the crime of this case

However, in full view of the following circumstances: (a) the Defendants’ initial crime without any criminal power; (b) recognized the Defendants’ criminal acts; (c) deposited KRW 10 million against the victims at the lower court; and (d) deposited KRW 300,00 in the first instance court after the Defendants deposited them; (c) the degree of the Defendants’ participation in the criminal acts in the marital relationship does not appear to be greater than Defendant B; (d) there are minor children; and (e) other circumstances that are conditions for the pleadings and the sentencing indicated in the records of the instant case, including the Defendants’ age, character and conduct, and environment, the lower court’s sentence imposed on the Defendants is too unreasonable, and thus, the Defendants’ assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all 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, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, and Article 34 of the Criminal Act prior to the grounds for reversal of sentence prior to the sentencing of imprisonment, the punishment as set forth in the Disposition

참조조문

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