(영문) 광주지방법원 2019.09.05 2019노94 | 리걸엔진

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) 광주지방법원 2019.09.05 2019노94

사기

Text

The judgment below

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

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

It is not good that the crime of this case is committed.

Due to the instant crime, a number of victims have occurred, and their amount of damage exceeds KRW 210,00,000.

Defendant has the same criminal records.

On the other hand, the following conditions are favorable.

In the trial, the defendant recognized the crime of this case and divided his mistake.

The defendant agreed with some victims in the court below and agreed with the rest of the victims in the trial.

Defendant has no previous convictions.

In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. As such, the appeal by the defendant is with merit, and the remaining part of the judgment below excluding the dismissal of the application for compensation among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following decision is

Criminal facts

The substance of the facts charged and the gist of the evidence admitted by this court is as follows, except where the “part of the defendant’s testimony” in the summary of the evidence of the judgment below is deemed as the “written statement at the trial of the defendant” as the “written statement at the trial of the defendant,” and thus, it is also cited in accordance with

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(2) and (1) of the Criminal Act (the frauds described in subparagraphs 1, 2, and 6 of the facts of the crime), Articles 347(2) and (1), 34(1), and 31(1) (the frauds described in subparagraphs 3, 4, 5, 7, and 8 of the facts of the crime) of the Criminal Act, each of the choice of imprisonment with prison labor;

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

1. Article 62 of the Criminal Act:

참조조문

유사 판례

-광주지방법원 2019.11.28 2019노2059

-광주지방법원 2020.05.14 2020노528

-창원지방법원 2013.10.31 2013노529

-서울서부지방법원 2017.04.27 2016노1651

-광주지방법원 2020.06.04 2020노556