(영문) 창원지방법원 2014.12.04 2014노1598 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2014.12.04 2014노1598

사기등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (four years of imprisonment) is too unreasonable.

2. The crime of this case is a case where the defendant has forged or falsified the subsidies of 471,606,00 won in total from the ordinary south-do and the Development Group for the purpose of supporting the extension of production facilities of organic fertilizers. It is inevitable to sentence the defendant with a sentence, considering the following: (a) there is a need to strictly punish the above crime in that it impairs the soundness of the subsidy business and causes damage to the people in the financial soundness of the State; (b) the amount of damage from the above crime is high; (c) the damage is not completely recovered; (d) the damage is not completely recovered; (e) the money acquired is used for the purpose unrelated to the business subject to the subsidy; and (e) the defendant has already been punished seven times (one time of suspended sentence of imprisonment without prison labor; and

On the other hand, however, the defendant recognized his mistake and reflects it, there is no previous conviction of the same kind for the last 40 years, there is no old age and health status, and prepares a letter of payment with the agricultural company operated by the defendant to pay the amount of damage jointly with the developing military, making efforts to recover damage to the victims, and discharging the amount of KRW 90 million after the judgment of the court below, and taking full account of the balance between criminal punishment and other crimes similar to the crime of this case, and other circumstances that are conditions for sentencing as shown in the records and arguments such as the defendant's age, character, character, occupation and environment, family relationship, circumstance and consequence of the crime of this case, etc., the sentence of sentence imposed by the court below is somewhat unreasonable. Thus, the defendant's assertion is justified.

3. In conclusion, the defendant's appeal is reasonable, and therefore, it is in accordance with Article 364 (6) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제6항

유사 판례

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