(영문) 대구지방법원 2018.07.13 2017노5184 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.07.13 2017노5184

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too uneasible and unfair.

2. The judgment that the defendant recognized the crime of this case and reflected against the defendant, and that the court below deposited KRW 10 million in order to pay damages is the circumstances favorable to the defendant.

However, in full view of the following facts: (a) the amount of damage to the instant crime is a considerable amount of KRW 40 million; (b) the victim suffered a big pain due to the instant crime, such as the payment of interest on the loan, and the request for strict punishment against the Defendant; and (c) the circumstances in which additional payments are made after the judgment of the court below do not appear after the judgment of the court below; and (d) the Defendant’s age, sex, environment, family relationship, circumstances leading to the instant crime, means and consequence; and (e) all the sentencing conditions specified in the records and arguments, such as the circumstances after the instant crime, etc., the sentence of the court below is inevitable to be sentenced,

Therefore, prosecutor's assertion is justified.

3. In conclusion, 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 as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. As seen in the judgment on the grounds for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning the pertinent criminal facts, the punishment as set forth in the Disposition shall be determined for the same reasons as stated in the judgment on the grounds for appeal.

참조조문

-형법 제347조 제1항

유사 판례

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