(영문) 서울중앙지방법원 2018.08.24 2018노1207

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(영문) 서울중앙지방법원 2018.08.24 2018노1207

사기

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The judgment of the court below against the Defendants on the summary of the grounds for appeal (unfair sentencing: 10 months of imprisonment, 2 years of probation, 200 hours of community service, 200 hours of imprisonment, 8 months of probation, 2 years of probation) is unfair because it is too unfasible (Defendant B and his defense counsel withdrawn an appeal at the first trial date of the court of first instance).2.

A. The amount of money acquired by the Defendant A is not much much, the victim G wanted to punish the Defendant, and the Defendant had the same criminal record four times and the same criminal records are disadvantageous to the Defendant.

However, considering the fact that the defendant appears to recognize and reflect his own crime, that the defendant sent 30 million won out of the amount of fraud to the co-defendant B, that the 15.4 million won is deemed not to have much profit from his personal acquisition at the corporate expense. As examined below, the damage was recovered considerably due to the co-defendant B's efforts, and other circumstances leading to the defendant's age, sexual behavior, family environment, and crime, it does not seem to be unfair because the sentence imposed by the court below against the defendant is too unreasonable. Thus, this part of the prosecutor's assertion is without merit.

B. In full view of the following: (a) the Defendant appears to recognize and reflect the Defendant’s criminal act; (b) the victims have not been punished against the Defendant under an agreement with the victim’s side; (c) the Defendant has no criminal record of the same kind; and (d) the Defendant’s age, sex, home environment, and circumstances leading to the Defendant’s criminal act, etc., the lower court’s punishment against the Defendant cannot be deemed unfair because the Defendant’s punishment is too unreasonable; and (d) the Prosecutor’s assertion on this part is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

유사 판례

-인천지방법원 2018.02.21 2017노4143

-서울남부지방법원 2015.11.13 2015노534

-수원지방법원 2017.04.14 2016노5806

-서울중앙지방법원 2018.04.06 2017노4863

-수원지방법원 2015.01.15 2014노3792