(영문) 춘천지방법원 2013.09.11 2013노223 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2013.09.11 2013노223

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 shall be imposed for a period of two years from the date this judgment became final.

Reasons

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. The judgment follows: (a) the defendant has no record of punishment for the same kind of crime; (b) the defendant has no record of criminal punishment when excluding once a fine, and there is no record of criminal punishment; (c) the amount of damage from the crime of this case is relatively serious; (d) the defendant repents his fault in depth; (c) the defendant has repaid the victim's total amount of KRW 5.85 million; (d) the defendant has repaid the victim's total amount of KRW 550,000; (e) the defendant has been living in accordance with the repayment plan through the individual rehabilitation procedure; (e) the defendant has continuously been paying his/her repayment; (e) the defendant has to support his/her children; (e) the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and (e) other various kinds of sentencing conditions shown in arguments, such as the court's age, character and behavior, the motive and consequence of the crime; and (e) the above argument by

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 with merit.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

참조조문

유사 판례

-춘천지방법원 2013.05.22 2013노208

-춘천지방법원 2013.10.02 2013노540

-춘천지방법원 2013.05.15 2012노934

-춘천지방법원 2013.12.04 2013노628

-춘천지방법원 2014.01.22 2013노806