(영문) 전주지방법원 2020.11.18 2020노1135 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2020.11.18 2020노1135

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and nine months.

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

1. The punishment of the court below (two years and six months of imprisonment) is too unreasonable.

2. Although there are many penalties against the defendant for the same crime, the court below's punishment seems to be somewhat unreasonable if it examines all the sentencing conditions on the records, including the defendant's age, character and conduct, environment, background of the crime and circumstances after the crime, etc., including the fact that the defendant recognized the crime of this case and against the defendant, the victim N expressed his intention not to punish the defendant, the victim N has been paid part of the loan to the victim B, the victim P has returned the victim P late, the victim's vehicle was returned later, and the amount of damage caused by the crime of this case has been returned.

Therefore, the defendant's assertion of unfair sentencing is justified.

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.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the offense and summary of evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; the choice of imprisonment

1. Of concurrent offenders, Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act concerning the dismissal of an application for compensation order and Article 32 (1) 1, and 26 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order (application for compensation by an applicant for compensation is filed after the closing of argument, and such application falls under a case where the application for compensation order is not lawful, and thus, it is dismissed, and the entry of matters concerning which the identity of the applicant for compensation can

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