(영문) 부산지방법원 2014.05.01 2013노4291 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.05.01 2013노4291

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

Reasons

1. The summary of the grounds for appeal (4 months of imprisonment and 5 years of suspended execution) of the lower court is too unreasonable.

2. In light of the fact that the judgment accused has been punished for the same criminal records for several times, and that each of the crimes of this case is obtained by deceiving the victims to provide security, etc., and that the nature of the crime is not less than that of the crime, and that the victim G has not yet been compensated for damage, it is necessary to give strict warning to the accused.

However, the defendant agreed with the victim C, and is detained separately and living under custody for about one year and April until now, and the crime of this case is committed five years and it is necessary to consider equity with the judgment rendered by this court on March 27, 2013, which was sentenced to eight months of imprisonment for fraud, and simultaneously with the judgment rendered by this court on March 27, 2013. The decision of the court below setting the period of suspension of execution as the maximum period of time would be the warning for blocking the risk of recidivism of the defendant. In light of the fact that the execution of the first head fraud, etc. of the judgment of the court below where the sentence of this case became final and conclusive, it is not necessary to separately determine the suspension of the execution of the maximum period of time for the crime of this case, and considering the fact that the execution of the sentence of this case was completed for three years from that of the first head fraud, there is no need to determine the suspension of the execution of the sentence separately for the crime of this case from that of this case, the defendant's age, character and behavior, environment, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below.

참조조문

-형사소송법

-형사소송법 제364조 제6항

유사 판례

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