(영문) 서울남부지방법원 2019.01.17 2018노1396

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(영문) 서울남부지방법원 2019.01.17 2018노1396

사기등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant was in a state of mental disability due to depression, etc. at the time of committing the crime of 2018 Godan1780 as indicated in the lower judgment.

B. The sentence imposed by the lower court (one year and two months of imprisonment) is too unreasonable.

2. In light of the Defendant’s speech and behavior or the circumstances before and after the commission of the crime, etc. at the time of the crime, which is acknowledged by the record of the judgment on the claim of mental retardation, it does not seem that the Defendant had the weak ability to distinguish things and make decisions.

Therefore, the defendant's argument of mental disability is not accepted.

3. In light of the facts and the circumstances before and after the crime, etc., each of the crimes of this case regarding the assertion of unfair sentencing is not sufficient. Nevertheless, considering the fact that the defendant denied the criminal intent for each of the crimes of 2018 Godan1655 decided in the trial process of the court below, the total amount of the criminal's defraudation is not more than KRW 80 million, and among them, the defendant did not repay almost KRW 70,000,000 with respect to the amount of defraudation of the victim D, a sentence of punishment against the defendant is inevitable.

However, in light of the fact that the defendant has committed a crime in the course of the trial, it is not deemed that the defendant had the intention to acquire it from the beginning in the case of fraud against D, and the fact that the victim F is paid 5 million won to the victim M and 2 million won to the victim M after the decision of the court below was made, and that the above victims have agreed with the above victims, the sentencing of the court below is somewhat heavy.

4. 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.

[Separate Judgment] Summary of facts constituting an offense and evidence recognized by the court is the corresponding column of the judgment below.

참조조문

-형사소송법 제364조 제6항

유사 판례

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