(영문) 수원지방법원 2016.02.19 2016노100 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.02.19 2016노100

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The crime of this case is not good because the defendant did not start the production of a entirely household even though he received part of the price of supplied goods from the injured party, and he appropriated it with the operating expenses of the factory.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant was detained for a certain period of time and has an opportunity to reflect on the Defendant’s sexual intercourse with the victim; (c) the Defendant has agreed upon the Defendant’s original agreement at the time of the trial; (d) the Defendant has no criminal record exceeding the fine; and (e) the Defendant’s age, sex conduct, environment, family relationship, and circumstances after the commission of the instant crime; and (e) the Defendant’s sentence imposed by the lower court is somewhat unreasonable and unfair; and (e) the Defendant and his defense counsel’s assertion

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited 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 on the stay of execution ( normal consideration in favor of the above);

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

유사 판례

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