(영문) 수원지방법원 2014.10.16 2014노4642 | 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) 수원지방법원 2014.10.16 2014노4642

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment, since the court below did not reduce or exempt the defendant from punishment although the defendant voluntarily surrendered after committing the crime of this case.

B. The lower court’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. Even if a person surrenders himself/herself after committing a crime of misapprehension of the legal principles, the punishment should not be mitigated or exempted, but can be arbitrarily mitigated or exempted (Article 52(1) of the Criminal Act). Therefore, the lower court cannot be deemed unlawful on the ground that the lower court did not reduce or exempt the self-denunciation.

Therefore, the defendant's above misapprehension of legal principles is without merit.

B. The instant crime of this case on the assertion of unfair sentencing constitutes a ground for sentencing unfavorable to the Defendant, such as: (a) the so-called Bophishing crime is committed in a systematic, planned, and intelligent manner; (b) the crime is not good to be committed; (c) the crime of Bophishing is highly harmful to the society as a serious crime with a structure of massing a large number of victims; (d) the Defendant’s participation in the instant crime as a total liability is significant; and (e) the Defendant did not recover from

However, considering the various circumstances, including the confession of all the crimes of this case and the fact that the defendant made a confession of his mistake in depth, the fact that the defendant voluntarily surrendered after the crime of this case, the fact that the defendant was punished for the same kind of crime or was not punished for a sentence, the part of the crime of this case is about attempted crimes, the balance with the accomplices, and the balance with the punishment, etc., which are the conditions for sentencing, it is judged that the sentence imposed by the court below is unreasonable.

3. Accordingly, 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 well-grounded.

참조조문

-형법 제52조 제1항

-형사소송법 제364조 제6항

유사 판례

-수원지방법원 2014.10.23 2014노5136

-수원지방법원 2015.01.22 2014노5601

-수원지방법원 2015.02.12 2014노6659 (1)

-수원지방법원 2014.11.20 2014노4820

-수원지방법원 2014.03.27 2013노6244