logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.03.06 2012노2336
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The crime of this case is a large amount of money obtained by deceiving six victims by means of active means, such as the defendant's false academic background and career, and the nature of the crime is poor, the damage amount to 22 million won is not agreed with victimO and L. It is recognized that the defendant has been punished once the suspended sentence due to the same crime, but the defendant has the record of being punished once the suspended sentence due to the same crime, but the defendant is against his mistake while leading to the confession of the crime, and the defendant reflects his mistake through the living under detention for more than eight months. The defendant was at the trial, the victim D, N,F, M and agreed with the victim's age, character and behavior, environment, motive and circumstance of the crime, etc., and other various sentencing conditions indicated in the records and arguments of this case, it is recognized that the punishment imposed by the court below is somewhat 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.

Criminal facts

The gist of facts constituting an offense and evidence acknowledged by this court is as follows: (a) except that the court below’s temporary column of No. 1 of the list of crimes in the court below’s order of November 6, 201 as “ around October 6, 2011” is the same as that of each corresponding column of the court below’s order; and (b) thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act, Article 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense (the point of uttering of a fraudulent document);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual between the crimes of forging private documents at the time of making a sale, and between the crimes of uttering of each private document as indicated in the judgment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

arrow