(영문) 부산지방법원 2017.10.19 2017노2917 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.10.19 2017노2917

사기등

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment with prison labor for one and half years.

Nos. 1 through 14 of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendants (two years of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. The crime of this case by the judgment of the court below is established in the following circumstances: the Defendants, while taking the responsibility for the delivery of passbooks and cards and the cash withdrawal in the crime of Bosing, acquired the money from the victims; while keeping, delivering, and taking over the approaching media for the purpose of using it; the crime is heavy in light of the content of the crime and the degree of damage; and the Defendants did not make any effort to recover the victims’ damage.

However, considering the following: (a) the Defendants led to the confession of the instant crime; (b) Defendant A did not have any history of crime exceeding a fine; (c) Defendant B did not have any history of criminal punishment until now; (d) the Defendants’ profits derived from the instant crime are not significant; (b) the degree of the Defendants’ act and the degree of the Defendants’ participation in the instant crime; and (c) the degree of illegality and punishment need to maintain a balance in accordance with the principle of proportionality; (d) the Defendants still have no choice but to deem that they had yet to open to the lower age; and (e) other circumstances, which form the conditions for sentencing specified in the instant pleadings, such as the Defendants’ age, sexual behavior, and environment, do not seem to be unfair as they appear too far as the prosecutor’s assertion, and rather, it is recognized that the lower court’s punishment against the Defendants is too unreasonable

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading. However, the prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendants' appeal.

유사 판례

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