(영문) 서울남부지방법원 2017.04.20 2016노2504

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2017.04.20 2016노2504

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal is that the defendant is aware of the crime of this case and reflects his mistake in depth, the defendant continues to endeavor to reach an agreement with the victim, the defendant uses the money acquired through the crime of this case as a whole business fund, and is not used for personal purposes, and the defendant is responsible for the livelihood of his family, etc. The punishment of the court below (two years of imprisonment) is too unreasonable.

2. The Defendant, in the first instance trial, has agreed with the victim, and the victimized person wishes to take the Defendant’s wife.

In the past, the Defendant recognized the facts charged in the instant case and divided his mistake in depth.

A defendant has no record of punishment, except for punishment for a punishment for a double punishment of a fine on three occasions.

In addition, in full view of all the sentencing circumstances shown in the records and arguments of this case, including the age, sex, environment, motive, means and consequence of the crime, including favorable or unfavorable circumstances to the defendant, the sentence of the court below is deemed unfair due to the reason that the sentence of the court below is unfair.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Re-written judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

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 (see, e.g., favorable circumstances as seen earlier);

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

유사 판례

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