(영문) 의정부지방법원 2020.02.14 2019노2757

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.02.14 2019노2757

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant has the following disadvantageous circumstances:

It is a large amount of money that the defendant acquired by deceit from the victim is 200,100,000 won.

The defendant has recovered part of the damage in the trial court, but still unrepared damage is reasonable.

However, there are the following favorable circumstances for the defendant.

In the past, the defendant is recognized as committing the crime of this case, and it is against the law.

Prior to the instant case, there is no record that the Defendant was punished for the same crime in Korea or was punished in excess of fine.

The defendant paid 40 million won to the victim and agreed with the victim.

In full view of the sentencing conditions as shown in the argument of this case, including the circumstances favorable to the defendant, the sentence imposed by the court below was changed in the trial, resulting in the change of the sentencing conditions in the trial, and thus, was too unreasonable.

Therefore, the defendant's above assertion is justified.

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.

[Dao-written judgment] The summary of facts constituting an offense and evidence recognized by this court is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except where "1. Part of the Defendant's court statement" in the summary of the written evidence of the judgment below is deemed "1. The Defendant's court statement" as "the Defendant's court statement at the trial."

Application of Statutes

1. Determination of the grounds for appeal as to the grounds for sentencing of imprisonment with prison labor under Article 347(1) of the relevant Article of the Criminal Act, and the judgment of the grounds for appeal as to the sentencing of imprisonment with prison labor shall be made as set forth in the order,

참조조문

-형법 제347조 제1항

-형사소송법 제364조 제6항

-형사소송법 제369조

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