(영문) 광주지방법원 2018.01.10 2017노2993 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.01.10 2017노2993

사기등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 10,000,000.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant A is too inappropriate.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. Determination

A. Considering the fact that the nature of the instant crime is not good and that the amount of damage caused by the instant crime is not certain, strict punishment against Defendant A is necessary to determine whether Defendant A’s improper assertion of sentencing and the Prosecutor’s improper assertion of sentencing against Defendant A.

However, considering the conditions of sentencing specified in the present argument, such as the Defendant A’s age, sex and environment, motive, means and consequence of the crime, the circumstance after the crime, etc., the lower court’s punishment against the Defendant A is too unreasonable, since it is recognized that the above argument by the Defendant A is reasonable, and the Prosecutor’s above argument is without merit.

B. When comprehensively considering the various matters, which are the conditions for sentencing in the trial of the prosecutor’s judgment on the prosecutor’s unfair argument of sentencing against Defendant B, the judgment of the court below is deemed to belong to the reasonable scope of discretion, and there is a change in the conditions of sentencing when it comes to the trial.

Considering the fact that it cannot be seen, the lower court’s punishment against Defendant B is too unfasible and unreasonable. Thus, the prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal against the defendant B is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal against the defendant Eul is without merit. Since the defendant's appeal against the defendant A is well-grounded, the part of the judgment below against the defendant A among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed

Criminal facts

The summary of the evidence and the summary of this Court (Defendant A) are recognized by this Court.

유사 판례

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-전주지방법원 2016.01.15 2015노1422

-광주지방법원 2017.12.13 2017노242