(영문) 전주지방법원 2016.04.29 2016노334 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2016.04.29 2016노334

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The crime of this case, which judged that the defendant would make a stock investment and return the profits together with the principal.

Considering the fact that the crime is not good in the case of deceiving damaged persons and deceiving 29 million won in sum as investment money, it is necessary to strictly punish the accused.

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) there was no past history of criminal punishment for the same kind of crime; (c) the victim did not want the Defendant’s punishment by mutual consent with the victim; and (d) the Defendant’s family members wanted to have the Defendant’s prior wife, and other various sentencing conditions specified in the records and arguments, such as the background of the instant crime; (d) the Defendant’s age; and (e) the Defendant’s sexual behavior; and (e) other various sentencing conditions specified in the records and arguments, the lower court’s punishment is

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The gist of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s oral statement at the trial court” to the column for the evidence of the lower judgment, the description in each corresponding column of the lower court’s judgment is identical to that of each corresponding column; (b) thereby, the gist of the facts charged and the evidence

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal as mentioned above);

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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