(영문) 대구지방법원 2018.04.05 2017노5164 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.04.05 2017노5164

사기

Text

The prosecutor's appeal is dismissed.

The defendant will pay 230,000 won to the applicant for the compensation for mental illness.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for one year of imprisonment, two years of probation observation, and one hundred and twenty hours of community service) is deemed to be too uneasy and unfair.

2. The lower court rendered the above sentence by taking into account the following circumstances: (a) the Defendant committed fraud against many unspecified victims during a long-term period of time; (b) the nature of the crime is not good in light of the method of the commission of the crime; (c) the victim’s 60 persons, the total amount of damage exceeds 16 million won; (d) the Defendant’s response to an investigation agency’s unfaithful attitude after the commission of the crime; and (e) the circumstances after the commission of the crime are not good; (e) the Defendant led to the confession of the crime while living in custody for a considerable period of time; (e) the Defendant made efforts to recover damage in person by paying the total amount of KRW 9.1 million to 31 persons among the victims; and (e) the Defendant has yet to grow, and there is no record of criminal punishment other than protective disposition.

In full view of all the sentencing conditions, including the Defendant’s age, sexual conduct, environment, circumstances leading to a crime, means and consequence, size of the crime, and circumstances after the crime, etc., the lower court determined that the sentence imposed on the Defendant was appropriate, and that the lower court’s sentencing judgment exceeded the reasonable limit of discretion, in light of the following: (a) the lower court’s punishment was determined as reasonable; and (b) the lower court’s judgment exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing cannot be deemed unfair as it is so unreasonable to the extent that the lower court ought to be reversed.

3. As such, the Prosecutor’s appeal is without merit, and thus, the Criminal Procedure Act.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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