logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.08.08 2018노789
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Sentencing the sentencing of the grounds for appeal (the sentence of the lower court: a fine of 2,00,000 won);

2. The lower court determined the sentence by taking into account the favorable circumstances in which the Defendant agreed with the victim or paid part of the amount of damage, and taking into account the Defendant’s age, sex, environment, motive and means of the crime, and circumstances after the crime, etc., and taking into account various sentencing conditions as shown in the records and arguments.

However, in full view of the fact that the defendant fully repaid the amount of money acquired by the victim Korean-Japan Life Insurance Co., Ltd. in the judgment of the court, and the defendant's health and economic difficulties, the sentencing conditions of the court below are somewhat changed, and the sentence of the court below is somewhat inappropriate.

Therefore, the defendant's argument of sentencing is justified.

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 a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The following circumstances are considered prior to the reason for sentencing under Article 62(1) of the Criminal Act:

arrow