beta
(영문) 대법원 2020.04.09 2020도988

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

It is merely the fact that the court can voluntarily reduce or exempt the punishment for the self-denunciation under the Criminal Code, and even though the defendant voluntarily surrenders, the court below's failure to reduce the self-denunciation cannot be deemed illegal.

(2) In light of the following circumstances: (a) the Defendant’s age intelligence and environment; (b) the relationship with the victim; (c) the motive and consequence of the instant crime; and (d) the motive and consequence of the instant crime; and (c) the circumstances subsequent to the crime, etc., as indicated in the records, are examined; (d) even if considering the circumstances asserted in the grounds of appeal, the determination of the sentence of the lower court, which maintained the first instance judgment that sentenced the Defendant to eight years of imprisonment, is extremely unreasonable.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.