(영문) 의정부지방법원 2017.01.10 2016노3151

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2017.01.10 2016노3151

사기등

Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Nos. 1 and 1 of the judgment of the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for the crimes Nos. 1 and 4 in its holding, 6 months of imprisonment and 4 months of imprisonment with prison labor for the crimes No. 2 and 3 in its holding) is too unreasonable.

2. Determination

A. It is recognized that: (a) the Defendant: (a) demanded money and valuables to arrange for a loan; (b) the real estate sales contract was not only arranged for a loan without a qualification as a certified intermediary; (c) the Defendant committed the crime of fraud; (d) the crime of fraud No. 2 and No. 3 as indicated in the judgment during the suspended execution period; and (e) the method of committing the crime of fraud No. 4 as indicated in the judgment of the court below is identical to that of the crime of fraud established in the judgment of the court below (which means that the Defendant committed the same law without being aware of the fact that the Defendant was under trial in the form of fraud); and (e) the amount of

B. However, in full view of all the sentencing conditions of the instant records and arguments, including the Defendant’s age, environment, sexual conduct, motive and background of the instant crime, and circumstance before and after the instant crime, etc., the lower court’s punishment is too unfair and unfair. The lower court determined that the Defendant’s punishment is too unreasonable.

(c)

Therefore, the defendant's above assertion is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The gist of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony” to the column for the evidence, the description of each corresponding column of the lower judgment is identical to that of the lower court; (b) thereby, the summary is cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment

참조조문

-형법 제347조

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