(영문) 대전지방법원 2015.10.15 2015노2029 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2015.10.15 2015노2029

사기등

Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment for eight months.

However, 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 grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The instant crime was committed by the Defendant by forging and using loan documents several times, and was committed by the Defendant from a lending company, etc., with heavy liability for such crime, and the victims did not agree with the victim, and was not completely recovered from damage.

However, there are circumstances that can be considered in light of the circumstances, such as the fact that the defendant lives in custody for a considerable period of time, commits a mistake in depth and reflects the victim's misjudgmentation, the fact that there is no record of criminal punishment up to the present time, the fact that the three children are the most nurtured, etc. The scope of the recommended sentences for the crime of this case according to the sentencing guidelines established by the Supreme Court Sentencing Committee is from six months to eight months, and the suspension of execution may be possible. The first crime [the scope of recommending punishment] the basic area (6 months to two years) of the first crime [no person] the second crime [the scope of recommending punishment] : the basic area (6 months to two years, such as the forgery, alteration, etc. of private documents] of the basic area (including the forgery, alteration, etc. of private documents) [no person] of the crime of this case [no person who has committed any crime of this case before and after six months] / six months of imprisonment with prison labor], the final sentencing range (3 months to six years of imprisonment with prison labor, any forged or alteration, etc.]

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.

Criminal facts

Criminal facts and evidence recognized by the court as the substance of such facts and evidence.

참조조문

-형사소송법 제364조 제6항

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