(영문) 인천지방법원 2019.05.02 2019노660 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2019.05.02 2019노660

사기

Text

1. The part of the judgment of the court below against Defendant A is reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

except that this judgment.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment for each of the defendants) is too unreasonable.

2. Determination of Defendant A’s grounds for appeal on the instant crime is that the amount of damage caused by the instant crime is KRW 300 million, which is disadvantageous to the Defendant.

On the other hand, as a result of the defendant's recognition of crime and efforts to recover damage when it comes to the trial, the fact that the victim does not want the punishment of the defendant by mutual consent with the victim, that the defendant has no record of punishment for the same crime, and that there is no record of criminal punishment after around 2012

In full view of such circumstances and other circumstances as the background leading up to the Defendant to the commission of the crime, degree of participation in the crime, age, character and conduct, environment, and circumstances after the commission of the crime, the sentence imposed by the lower court is too unreasonable.

3. The fact that Defendant B’s judgment on Defendant B’s grounds of appeal came to fall under the first instance, and that Defendant appears to have accepted and reflected a crime is favorable to the Defendant.

However, in full view of the following circumstances: (a) the amount of damage caused by the instant crime was KRW 300 million; (b) the Defendant re-offending the Defendant despite the history of punishment for fraud around 2015; and (c) the Defendant did not agree with the victim; and (d) the circumstances leading to the Defendant’s commission of the crime; (b) the background leading up to the commission of the crime; (c) the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc.

4. As such, Defendant A’s appeal is reasonable. Accordingly, pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment below against Defendant A among the judgment below is reversed, and the following is ruled after pleading. Defendant B’s appeal is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure

Criminal facts

The summary of the evidence and the summary of this Court.

참조조문

-형사소송법 제364조 제4항

-형사소송법 제364조 제6항

유사 판례

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-부산지방법원 2015.05.14 2015노849

-인천지방법원 2019.06.13 2019노882

-서울서부지방법원 2015.12.24 2015노1490

-부산지방법원 2015.04.09 2014노3836