(영문) 부산지방법원 2018.03.23 2018노115 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.03.23 2018노115

사기

Text

The judgment of the court below is reversed.

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

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

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that each of the judgment and prosecutor's unfair arguments in sentencing together with each of the judgment and prosecutor, the defendant has been punished several times for the same kind of crime, the criminal defendant has a record of punishment, and the amount of defraudation is up to 80 million won.

However, considering all of the sentencing conditions in the pleadings of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the lower court is too unreasonable, because it is too unreasonable, in light of the following factors: (a) the Defendant led to the confession of the crime; (b) the recovery of damage was made; (c) the Defendant agreed with the victim at the time of the trial; and (d) the Defendant’s age, sex, environment;

Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the decision is rendered again after pleading (Provided, That as long as the judgment of the court below is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately). The criminal facts acknowledged by the court and the summary of the evidence are identical to the facts constituting the offense and the relevant column of the judgment of the court below, thereby

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the failure to reverse the judgment above);

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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