(영문) 부산지방법원 2015.12.03 2015노2138 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.12.03 2015노2138

사문서위조등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the main sentence conditions of the grounds for appeal.

2. The judgment on the grounds for appeal of this case has the record of being punished twice in fraud even before the crime of this case was committed, and in light of the fact that the defendant uses the real estate lease contract, which is a private document in the name of F, to deceiving the victim in the course of deceiving the victim from the victim as a loan money, it is necessary to punish the defendant strictly. However, in light of the fact that the defendant was in the judgment of the court below that all of each of the crimes of this case is recognized and in depth, the amount acquired is not deemed to have been used by the defendant, the fact that the defendant made efforts for recovery of damage, such as repayment of considerable part of the amount acquired, etc., and that the victim was the preference of the defendant, and the victim reached the judgment of the court below, the balance between the crime of fraud after being sentenced to imprisonment of one year with prison labor for the first head of the first judgment of the court below and the case where each of the crimes of this case is judged simultaneously, the defendant's age, character and behavior, environment, motive and circumstances after the crime, the sentencing guidelines and the sentencing of this case are too unfair.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as shown in the corresponding column of the judgment of the court below, except for adding “1. Defendant’s oral statement” to the summary of the evidence, so it is identical to that of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Criminal facts;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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