logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.03.28 2018노352
사기
Text

The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the nature of the instant crime is not good, the amount of damage caused by the instant crime is a large amount, and the victim M and R did not have been restored or agreed until the conviction of the party, strict punishment against the Defendant is required.

However, considering the fact that the defendant was living in custody for about five months for a defendant, the defendant agreed with some victims in the original trial and agreed with all victims except for M and R in addition to a fine, there is no particular criminal conviction in addition to the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, the court below's punishment against the defendant is too unreasonable. Thus, the above argument by the defendant is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

arrow