(영문) 대구지방법원 2018.12.07 2018노3596 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.12.07 2018노3596

사기

Text

1. The part of the judgment below excluding the compensation order shall be reversed.

2. The defendant shall be punished by imprisonment with prison labor for five months;

Reasons

1. The sentence imposed by the court below on the defendant (the imprisonment of eight months and the compensation order) is too unreasonable.

2. The instant crime was committed in a systematic and systematic manner against many unspecified persons by the Defendant involved in the so-called “singishing,” which is committed by the Defendant, and such a “singishing” crime is acknowledged as not only where the method of committing the instant crime is very poor, but also where it is necessary to strictize participants in the society due to it, and that the Defendant played an essential role in the commission of the instant crime.

However, it is also recognized that the Defendant is against the Defendant’s recognition of the instant crime, the fact that the Defendant agreed with the victim for the time in the first instance, there is no criminal record other than the suspension of indictment due to the crime of gambling, and the fact that there is no profit actually acquired due to the instant crime.

In addition, considering the various circumstances such as the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime, the punishment of the court below is too unreasonable.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

참조조문

-형법 제30조

-형법 제347조 제1항

유사 판례

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