(영문) 인천지방법원 2013.07.19 2012노3241 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2013.07.19 2012노3241

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (a fine of KRW 1.5 million) is too unfluent and unreasonable.

2. In light of the judgment, the following facts are favorable to the Defendant: (a) the Defendant recognized all of the instant crimes and against his mistake; (b) the amount of damage was relatively large; and (c) the Defendant repaid the damage and the victim was not subject to punishment by agreement with the victim.

However, even though the defendant had been punished several times due to the same crime, and even if he had committed a repeated crime due to the same crime, the crime in this case was committed, and the quality of the crime is not good and the possibility of repeating the crime is considerable. The crime in this case is compared with other acts on the ground of the so-called "unauthorized drinking," which is the act of deceiving the victim by deceiving the victim, and scambling and scam, the nature of the crime is not weak, and other various sentencing conditions shown in the records and arguments, such as the defendant's age, happiness, family environment, and circumstances before and after the crime, it is determined that the punishment of the court below against the defendant is somewhat inappropriate.

3. In conclusion, the prosecutor'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 facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

참조조문

유사 판례

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