(영문) 부산지방법원 2018.04.19 2018노66 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.04.19 2018노66

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The amount of the instant damage is approximately KRW 140,000,000.

However, in light of the fact that the defendant recognized the crime of this case for the first time, agreed to pay the victim the amount of KRW 75 million, and other various conditions of sentencing, including the defendant's age, sexual conduct, environment, and criminal records, and changes in the records of this case, the sentence imposed by the court below is unreasonable.

3. As a result, the appeal by the defendant 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. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [type of determination] and the scope of the recommended punishment [type 2 (at least KRW 100 million, less than KRW 500 million) [the person who has been specially mitigated] and the scope of the recommended punishment [the scope of the recommended punishment] mitigated area (from October to June); and

2. The decision of the sentence shall be made in the same manner as the order, taking into account these circumstances in the reasons for reversal of the sentence.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

유사 판례

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-부산지방법원 2017.08.24 2017노495

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