(영문) 서울중앙지방법원 2017.07.20 2017노1475

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(영문) 서울중앙지방법원 2017.07.20 2017노1475

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six 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 (six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant committed the same type of fraud without being aware of the suspension period of the execution of imprisonment, which was sentenced to the imprisonment, and the liability for such crime is not against the law.

In addition, the defendant was absent from the trial for a long time after the date on which the defendant was sentenced as unhutiled to string the judicial process, and even escape.

However, the defendant has been aware of the crime in the past, and the defendant has committed the crime in depth.

After being detained in the lower court on March 23, 2017, the lower court agreed to repay the amount of KRW 50 million to the victim late, and agreed to set up a separate agreement, which is the complainant of the case.

At present, the health condition of the defendant seems not good.

In full view of all the conditions of sentencing as shown in the arguments, including these circumstances, including the defendant's age, sex, environment, motive and method of crime, the sentence imposed by the court below is somewhat inappropriate.

3. As such, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the judgment below is ruled as follows, on the ground that the defendant's argument of sentencing is justified.

[Re-written judgment] The facts constituting an offense and the summary of evidence acknowledged by the court below, and the summary of the evidence, are cited in accordance with Article 369 of the Criminal Procedure Act, except in cases where the court below changed the “written statement of the defendant in the prosecutor’s interrogation protocol against the defendant 1.” to the “written statement in the prosecutor’s office of the defendant in the trial of the defendant 1.”

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. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the accused);

1. The community service order under Article 62-2 of the Criminal Act

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제347조 제1항

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