(영문) 인천지방법원 2014.08.14 2013노3779 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2014.08.14 2013노3779

사기

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 2,000,000.

Defendant .

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence (the fine of KRW 700,00,000, the fine of KRW 60,000, the imprisonment of KRW 6 months, and the suspended execution of two years) declared by the court below against the Defendants

2. Determination

A. In full view of the following factors: (a) Defendant A did not have a large amount of fraud; (b) the instant crime is in the relationship between the final crime and the ex post facto concurrent crime as indicated in the judgment of the court below; (c) the Defendant was in the relationship between the previous crime and five times; (d) the damage was not recovered at all; and (e) the Defendant does not seem to have been making any effort to recover the damage; (d) the victim was able to be punished against the Defendant; and (e) other factors of sentencing as indicated in the instant records and arguments, including the Defendant’s age, character and conduct, the motive and circumstance of the instant crime; and (e) the circumstances after the crime, etc.,

B. In full view of the following factors: Defendant B was unable to agree with the victim; there was no recovery of damage; the Defendant led to a crime; the first offender; the amount of damage was not significant; the lower court suspended the execution of imprisonment with prison labor against the Defendant and imposed social service orders; the lower court imposed the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and various sentencing conditions in the records and arguments, including the circumstances after the crime, etc., it cannot be deemed that the lower court’s punishment against the Defendant is too unreasonable.

3. In conclusion, since the prosecutor's appeal against the defendant A is well-grounded, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below against the defendant A among the judgment below is reversed, and the prosecutor's appeal against the defendant B is without merit and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

[Judgment to Defendant A] Criminal facts and summary of evidence recognized by this Court.

참조조문

-형사소송법 제364조 제4항

-형사소송법 제364조 제6항

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