beta
(영문) 부산지방법원 2016.11.25 2016노3194

사기미수등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below's decision to postpone the sentence of each sentence against the Defendants is too uneasible and unfair.

2. The crime of this case is a serious crime that disturbs the judicial order because it was intended to submit a complaint and fabricated evidence to obtain unfair winning judgment. The crime of this case is a serious crime that disturbs the judicial order. The crime of fraud of this case is a crime of fraud of which the nature of the crime is heavy in that it is intended to use the court for deception, and the amount that Defendant A attempted to obtain by deception through the crime of attempted fraud is not substantial. The crime of perjury is a serious crime that interferes with the trial of the court for the discovery of substantial truth, and requires strict punishment as a serious crime that causes confusion and uncertainty in the judicial action of the State, and is disadvantageous. The

However, it is necessary to respect the judgment of the court below because there is no change in the conditions of sentencing compared with the court below because new sentencing data have not been submitted in the court below. The defendants led to confession and reflect their depth in the crime of this case, despite the defendants' crimes, the victim was attempted to commit fraud and the defendants did not have any actual damage; the defendants were first offenders who did not have any record of investigation; and other circumstances, which form the conditions of sentencing as shown in the records and arguments of this case, including the circumstances after the crime, character and behavior, environment, age, etc. of the defendants, the sentencing of the court below is too unjustifiable and unreasonable.

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.

(However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, ex officio deletion of the crime of the lower judgment’s Type 14 “excluding the amount,” among the crime of the lower judgment, is to be corrected.