(영문) 부산지방법원 2014.01.17 2013노2988 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.01.17 2013노2988

사기

Text

The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

Reasons

1. The summary of the grounds for appeal that the court below imposed on the defendant is too unreasonable (the fine of 500,000 won).

2. In light of the fact that the crime of this case was committed on several occasions by the Defendant, even though the Defendant did not have the intent or ability to pay the price, and acquired pecuniary benefits equivalent to the drinking value by being provided with beer and beer, etc. at the main point, and the nature of the crime is not good, there is no other evidence to deem that the Defendant made efforts to recover damage to the victim. In light of the fact that the Defendant committed the crime of this case, even though he had the record of punishment several times due to the same type of crime, thereby creating a high risk of recidivism, and that the opening of the crime is remarkably low, it is

However, on May 9, 2013, the defendant led to confession of the crime of this case and reflects his mistake, and the defendant was sentenced to imprisonment with prison labor for the same crime in Busan District Court for ten months on May 9, 2013.

8.3. The judgment became final and conclusive. The crime of this case was committed on January 19, 2013, which was prior to the above judgment, and was investigated by the victim's report on the day of the crime, and the investigation of the crime of this case was completed on January 29, 2013, and a summary order was requested against the defendant on January 29, 2013. Thus, the crime of this case could have been tried together with the above case where the judgment became final and conclusive (the crime of this case cannot be deemed to have been sentenced to a heavier punishment than 10 months of imprisonment if the case is combined with the case where the above judgment becomes final and conclusive). In light of the fact that the amount of damage suffered by the victim of the crime of this case is relatively small amount, and other various circumstances that form the conditions for sentencing as indicated in the records, such as character, environment, age, motive, means and result of the crime, etc., the sentence of the court below is somewhat inappropriate.

3. Thus, the defendant's appeal is justified.

유사 판례

-부산지방법원 2014.01.24 2013노3556

-부산지방법원 2013.10.25 2013노2267

-서울서부지방법원 2019.01.10 2018노842

-서울중앙지방법원 2014.06.27 2014노1351

-수원지방법원 2017.01.13 2016노5642