(영문) 전주지방법원 2018.09.20 2018노915 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2018.09.20 2018노915

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Improper sentencing of the Defendant - The sentence of the lower court (one year and six months of imprisonment) is too heavy.

B. Prosecutor’s improper sentencing - The lower court’s punishment is too minor.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant recognized all of the instant crimes and expressed his/her intent that he/she does not want to be punished by committing the most severe damage by deceiving the amount exceeding KRW 100 million; and (b) the Defendant expressed his/her intention that he/she would not want to be punished

On the other hand, the defendant committed each of the crimes of this case against multiple victims, the total amount of damage reaches KRW 1,30,000,000, the defendant has been sentenced to fines twice due to the same crime, and the victim I will pay the amount of damage in the future.

A summary agreement is prepared, but it has not yet been recovered from damage, and the remaining victims have not recovered from damage at all, and the intent to punish the defendant is maintained.

In full view of all the circumstances, such as the above circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, relationship with the victims, circumstances after the commission of the crime, etc., the lower court’s punishment is somewhat inappropriate and unfair.

Therefore, the defendant's improper argument of sentencing is accepted, and the prosecutor's improper argument of sentencing is not accepted.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the decision is rendered again after pleading (in the event that the prosecutor's appeal is rejected but the defendant's appeal is accepted and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed separately from the order). The summary of the facts constituting an offense and evidence

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