(영문) 수원지방법원 2018.06.01 2017노6513 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.06.01 2017노6513

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 reasoning of the appeal is that the lower court’s punishment (six months of imprisonment) is too heavy or (the Defendant) frighted.

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

The crime of this case is committed by acquiring 100 million won as a loan by deceiving the victim even though the defendant did not have any property or income and borrowed money from the victim due to bad credit standing, even though he did not have any intent or ability to repay it.

In addition, the fact that one victim obtained a relatively large amount of money, which has been suffering from property and mental suffering, has been disadvantageous to the defendant.

However, the Defendant did not have the same record before the crime of this case and was sentenced to a suspended sentence.

Above all, when the defendant is in the first instance, it is recognized that the defendant has committed the crime of this case, and the victim is unable to punish the defendant by paying the amount of damage equivalent to the victim and by agreement.

This is the circumstances favorable to the defendant.

In addition, considering the various circumstances, such as the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

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 reasonable, and the judgment is again rendered as follows (as long as the judgment of the court below is reversed on the grounds of the defendant's appeal on the grounds of the defendant's appeal, the prosecutor's appeal shall not be dismissed in the text of the judgment) (The summary of the facts constituting a crime and evidence recognized by the court is stated in the corresponding column

유사 판례

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