(영문) 창원지방법원 2017.12.14 2017노2878 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2017.12.14 2017노2878

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. The punishment of the original judgment (two years of imprisonment) shall be too heavy.

2. In light of the aforementioned factors, the court below's assertion that the defendant was guilty of a large amount of 278 million won, and there is a reason to impose unfavorable punishment, such as the following: (a) the defendant withdraws his assertion of misunderstanding of facts and led to the confession of the crime; (b) the victim agreed with the victim after recovery of the damage caused by the conviction; (c) the victim was faced with his wife; (d) the victim was under suspended execution of imprisonment with prison labor for the same kind of crime; (d) two times in 200 and 205 in 200; (e) there was only one fine for this kind of crime for the last ten years; and (e) there was a family member to support the crime; and (e) all other factors on the sentencing as shown in the records and changes theory of this case, the defendant's assertion is justified, as the punishment of the court below is recognized to be unfair due to the gross negligence.

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

【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts constituting a crime and the summary of evidence, and thus, the gist of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal as mentioned above);

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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