(영문) 대구지방법원 2017.11.24 2017노4168 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.11.24 2017노4168

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

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

2. The instant crime was committed by the Defendant without any information or plan on the development of the entire housing site, but it was extremely poor to the quality of the instant crime by deceiving the victim to take advantage of the cost of development and loan, including the same crime, and there is a very high history of criminal punishment, and even though the period of suspension of execution due to the same kind of crime is under suspension of execution, there is no person who committed the instant crime again.

However, there are favorable circumstances, such as the fact that the defendant led to the crime of this case and reflects his mistake, the fact that the victim has returned the money by fraud to the victim in the trial, and the victim has expressed his intention not to want the punishment of the defendant.

In addition, if all of the sentencing conditions shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, are taken into account, the punishment sentenced by the court below is too unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as 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 applicable to the crime and Article 347(1) of the option of criminal punishment ( comprehensively including, but not limited to, the choice of imprisonment) shall be determined as per the order, taking into account the fact of reversal prior to the reason of sentencing

참조조문

-형법 제347조 제1항

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