(영문) 수원지방법원 2016.04.14 2016노349 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.04.14 2016노349

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal by the counsel (unfair sentencing) is that the defendant recognized the fact of the crime and reflected wrongs the fact of the crime, efforts are made to compensate for damage to the victim, the victim paid money to the defendant while refusing to pay the money, and the defendant used the money to repay the money to the customer, and the F was unable to repay the money to the victim without paying the money, and the defendant did not have any record of criminal punishment. In light of the above, the sentence of the court below that sentenced eight months to imprisonment is too unreasonable.

2. The judgment that the defendant recognized the facts of the crime and reflects the defendant's depth in depth, the defendant paid 24,560,000 won to the victim from September 27, 2013 to November 29, 2014, and deposited 5,000,000 won for the victim at the court below. The victim paid 17,00,000 won to the victim in addition to 17,00,000 won at the court below expressed his/her intention that the victim does not want to be punished, and the defendant did not have any record of criminal punishment, and comprehensively takes into account all the conditions of sentencing specified in the records and arguments of the case, such as the defendant's age, sex, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the above argument is justified.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except for the addition of "the defendant's oral statement" to the summary of the evidence, so they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Article 62(1) of the Criminal Act 1.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

유사 판례

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-서울고등법원 2015.02.06 2014노3082

-수원지방법원 2016.06.09 2015노6726

-울산지방법원 2017.11.17 2017노1185