(영문) 창원지방법원 2020.06.26 2019노2541 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2020.06.26 2019노2541

사기

Text

The judgment below

The part of the defendant's case against the defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence in one year of imprisonment) asserts that the sentence of the court below (two years of suspended sentence) is too unreasonable, and the prosecutor asserts that the sentence of the court below is too unreasonable.

2. The provisional disposition was entered in the house for which the judgment lease contract as to the grounds for appeal was concluded, and the crime of this case committed by the Defendants, a lessor, by concealing such fact to the victim, who is the tenant, and additionally receiving the lease deposit 25 million won, was committed by the tenant, which was acquired by the tenant, is not only the economic damage to the tenant, but also the crime is not likely to undermine the stability of residence, but also the case is serious, and the damage caused by the crime of this case is not fully recovered, and the victim seems to have failed to receive dividends in the auction procedure against the property of the tenant.

On the other hand, the defendants reflects the mistake, the defendants paid 5 million won to the victim in the trial, the defendant A did not have the same criminal records, and the defendant B was the first offender.

In full view of these circumstances and the fact that Defendant A played the leading role in the instant crime, etc., the lower court’s sentence against Defendant A is deemed unfair because it is too unreasonable to deem that the sentence of Defendant A is too too unfluent and unfair, and the lower court’s sentence against Defendant B is not deemed to be too heavy or unreasonable.

3. When the defendant, ex officio, files an appeal against a conviction among the judgment below, the compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, has been transferred to the appellate court along with the defendant's case, and thus, the part of

The lower court held the Defendants.

참조조문

-소송촉진 등에 관한 특례법 제33조 제1항

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