(영문) 부산지방법원 2018.11.29 2018노3733 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.11.29 2018노3733

사기

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (one year and two months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is deemed to have committed the crime of this case by deceiving two victims in collusion with I and I, and by deceiving two victims by deceiving them, by providing the L bank account in the name of K through I, and a certificate of official seal, etc., through I. It is recognized that the defendant was disadvantageous to the defendant, such as the fact that there is a heavy liability in light of the criminal history and content, and that there is a history of punishment against the defendant for the same crime.

However, considering the following: (a) the Defendant made a confession of all of the instant crimes while making a mistake in depth; (b) the Defendant agreed with one victim (the amount of damage KRW 4.4 million); (c) the illegality of the instant crime committed by the Defendant and the need to maintain balance between the degree of punishment and the sentencing; (d) there is no history of criminal punishment exceeding a suspended sentence; and (e) other circumstances, which form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, etc., the lower court’s sentence against the Defendant is too unreasonable rather than it is too unreasonable as it is too unreasonable, contrary to the Prosecutor’s assertion.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. As such, the defendant's appeal is with merit, and the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading. However, as long as the defendant's appeal is reversed on the grounds of the appeal, the prosecutor's appeal shall not be dismissed separately.

[Judgment which has been used again] The summary of facts constituting an offense and evidence is recognized by the court.

유사 판례

-수원지방법원 2018.08.23 2018노3541

-서울서부지방법원 2017.09.07 2017노668

-서울남부지방법원 2021.01.22 2020노2210

-서울동부지방법원 2018.04.12 2017노1644

-의정부지방법원 2018.11.14 2018고단1402