(영문) 전주지방법원 2013.12.27 2013노1200 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2013.12.27 2013노1200

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The instant crime of this case regarding the grounds for appeal was committed eight times, by deceiving the victims, by obtaining from the victims a total of KRW 4,59 million and a total of KRW 2,800,000 and the market price of KRW 2,80,000, and is repeatedly committed several crimes, and thus, it is not good to commit such crimes, and the Defendant has no record of having been punished five times for the same crime (one time, one suspension of execution, one time, and three times). In particular, in light of the fact that the Defendant had been sentenced to imprisonment for five months from the Jeonju District Court's Gunsan Branch on July 16, 2009 to commit the instant crime again within the period of repeated crime, and has committed the instant crime repeatedly within the same offense.

However, in full view of the following factors: (a) the Defendant has recognized all of the instant offenses, and is in depth divided; (b) the amount of damage to each of the other victims except the victims E, is relatively small; (c) the Defendant has to support his wife and children; (d) the Defendant’s family members, etc. want to prevent the Defendant’s re-crime; and (c) the Defendant’s age, character and conduct, environment, circumstances leading to the instant offense; and (d) other various sentencing conditions specified in the records, such as the Defendant’s age, character and conduct, circumstances leading to the instant offense; (e) means and consequence; and (e) the situation before and after the instant offense, the lower court’s punishment is too excessive and thus, is unreasonable

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

(b).

참조조문

-형법 제51조

-형사소송법 제364조 제6항

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