logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2013.06.21 2013노320
사기
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months;

3. However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (one year and two months of imprisonment) is too unreasonable.

2. In full view of the fact that the Defendant was punished as a same crime, and that there was a significant amount of money obtained by deception from the victims, the Defendant did not reach an agreement with some victims. However, there was no record of punishment exceeding fines, and that the Defendant recognized the instant crime and reflects depth, and that the Defendant partially repaid the amount of defraudation, and that the Defendant was fully agreed upon with the victim H, E, and that other circumstances, which form the condition for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the crime, it is deemed that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court are identical to the facts constituting an offense in the judgment of the court below, with the exception of revising " August 31, 201" under paragraph (6) to " August 30, 2011," as stated in the corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62 (1) of the Criminal Act (a favorable consideration of the grounds for reversal);

arrow