(영문) 부산지방법원 2017.08.10 2017노1198



The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.


The sentence of the court below (10 months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.


In the crime of this case, the defendant will cancel the right to collateral security established in the C Condominium after one month.

It is recognized that the victim deceivings the damaged person to obtain the deposit of 80 million won from the damaged person, and the circumstances unfavorable to the accused, such as the fact that the responsibility for the crime is heavy in light of the details of the crime, such as the background of the crime

However, when the defendant made a confession of the crime of this case when he was in the trial for the first time, the defendant made a confession of the crime of this case, the victim did not want the punishment of the defendant by mutual consent with the victim when the defendant was in the trial for the first time, the defendant is in the position to support the wife and two children of the university, and the defendant is an initial offender who has not been subject to criminal punishment until now, and other circumstances, which form the conditions for sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., are considered to be too unreasonable, it is recognized that the punishment of the court below against the defendant is too unreasonable.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) correcting “deposit money from the damaged person” in the second 8-9th of the judgment of the court below as “deposit money from the damaged person”; and (b) adding “1. Defendant’s oral statement” to “a summary of evidence” as stated in each corresponding column of the court below’s judgment; and (c) citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The order of provisional payment;