(영문) 서울북부지방법원 2018.06.22 2018노303

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2018.06.22 2018노303

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The court below's decision on the grounds of appeal is unreasonable because it has been excessively unhueded that the defendant has been sentenced to a fine of KRW 1,500,00.

2. Of the requirements for suspended sentence, the term “where the circumstances prior to the opening of the trial” refers to cases where even if the sentence was not imposed in light of the comprehensively taking into account the conditions of sentencing as stipulated in Article 51 of the Criminal Act, including the degree of reflectivity, the circumstance that the Defendant would not be subject to the re-off of the crime (see, e.g., Supreme Court Decision 2001Do6138, Feb. 20, 2003). Considering the circumstances favorable to the Defendant, such as the fact that the Defendant led to the instant crime by contingency, and that the amount of damage was not relatively high, the instant crime is deemed to have been committed by the Defendant by acquiring the check card lost by the victim and presenting it as if the Defendant was his own card.

In light of the Defendant’s age, sexual conduct, intelligence and environment, the background and result of the instant crime, as well as the circumstances after the instant crime, it is difficult to view that the circumstance that the Defendant would not be subject to punishment even if he/she was not sentenced to punishment, falls under cases where the Defendant would not be subject to punishment again even if he/she was not sentenced to punishment.

Therefore, the court below's delay of a fine of KRW 1,500,000 to the defendant is unreasonable because it cannot be deemed that the defendant had shown a significant change in the opening circumstances.

3. As a result, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

【Judgment to be used again】 Criminal facts and evidence

참조조문

-형법 제51조

참조판례

-대법원 2003. 2. 20. 선고 2001도6138 전원합의체 판결

유사 판례

-서울북부지방법원 2018.06.07 2018노123

-울산지방법원 2020.09.17 2020노108

-서울중앙지방법원 2016.08.19 2016노1921

-서울중앙지방법원 2018.04.06 2017노4810

-전주지방법원 2021.01.14 2020노1532