(영문) 의정부지방법원 2016.10.21 2016노2330

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.10.21 2016노2330

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. We examine the judgment on the grounds of appeal. The crime of this case committed by the Defendant is deemed to be disadvantageous to the Defendant, in light of the content and method of the crime. The crime of this case, where the Defendant committed, is not less than the nature of the crime, the amount of damage is a relatively large amount of up to 25 million won, and there has been records of having been punished several times due to the same kind of crime.

However, the defendant committed the crime of this case in the first instance without any intention to deliver the material, and it seems that he committed the crime of this case in a planned manner without any intention to do so. It seems to have resulted in the crime of this case with dolusent intent to supply the material with the so-called "debrising" formula. The defendant was detained for about 2 months in this case, and it seems to have sufficiently impaired the seriousness of punishment due to the crime of this case, and again, he did not stop the same crime. In the first instance court, the defendant would reimburse the victim of the same crime of this case with 22 million won and agreed only with the victim. The defendant has a dependent, balance with ordinary sentencing in the same or similar case, balance with the defendant's age, character and conduct, intelligence and environment, motive and consequence of the crime of this case, motive and consequence of the crime of this case, criminal records after the crime of this case, his family relation, economic relation, etc., and thus, the defendant's assertion that the defendant's punishment of this case is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

b) the evidence;

참조조문

-형사소송법 제364조 제6항

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