(영문) 대구지방법원 2019.10.11 2019노1441 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2019.10.11 2019노1441

사기

Text

1. The guilty portion of the judgment of the court below shall be reversed.

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

3. Of the lower judgment.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to the Defendant (ten months of imprisonment) is too unreasonable.

B. In full view of the evidence submitted by the prosecutor regarding the portion not guilty among the judgment below by the prosecutor, the above part of the facts charged is found guilty.

Nevertheless, the judgment of the court below which acquitted the above facts charged is erroneous in misconception of facts.

On the other hand, the above sentence imposed by the court below is too unfortunate and unfair.

2. Determination

A. The lower court found the Defendant not guilty of this part of the facts charged on the ground that “The evidence submitted by the prosecutor alone cannot be deemed to have been proven to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge it.”

In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and there is no error of mistake of facts as pointed out by the prosecutor.

B. We also examine the arguments of unreasonable sentencing with the Defendant and the prosecutor.

This case is recognized that the defendant deceivings the victims to obtain the total amount of KRW 219,498,501, and that the amount is large, the crime is bad, and the two victims are not agreed.

However, it is also recognized that the defendant recognized all of the crimes of this case, deposited KRW 143,498,501 to the victim D at the court below, deposited KRW 26,000 to the victim K at the court below, and deposited KRW 26,00,000 to the victim K at the court below, and there is no criminal punishment against the defendant.

In addition, considering the various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence, etc., the sentence imposed by the court below is too unreasonable.

유사 판례

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-대구지방법원 2019.02.15 2018노4526

-대구지방법원 2019.02.15 2018노1381