beta
(영문) 부산지방법원 2015.10.23 2015노2262

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of imprisonment with prison labor for a period of six months and two years of probation, community service) is too unhued.

2. It is recognized that the circumstances, such as the defendant's agreement with the victim or failure to fully pay the amount of damage until the court of first instance, and that the defendant has been punished three times for the same kind of crime.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) the Defendant and the victim are expected to have consumed some of the damages of the instant case as communal living expenses, etc.; (c) prior to the instant case, the Defendant did not have any record of criminal punishment heavier than suspended execution; (d) the Defendant’s current economic situation and health status appears to be inappropriate; and (e) other circumstances, including the Defendants’ age, environment, family relationship, the circumstances leading to the instant crime, and the circumstances before and after the instant crime, etc., are considered as having been committed, the lower court’s punishment cannot be deemed to be unreasonable as it is excessively unafford.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.