(영문) 부산지방법원 2016.06.10 2016노347 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.06.10 2016노347

사기

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (Defendant A: Imprisonment with prison labor for 10 months, and Defendant B: imprisonment for 8 months) is too unreasonable.

2. Determination

A. Although Defendant A’s judgment on Defendant A’s wrongful assertion of sentencing is favorable to the Defendant, the crime of this case is committed by the Defendants by defrauding KRW 50 million from the damaged party, the crime of this case is not good; Defendant A did not agree with the injured party although it is reasonable, Defendant A did not agree with the injured party; Defendant A had the record of punishment for the same kind of crime; Defendant A had the age, sex, environment, circumstances and motive leading to the crime of this case; and all other matters on the sentencing as indicated in the records and changes of this case, it cannot be deemed that the sentence of the lower court is too too unreasonable, and thus, Defendant A’s improper assertion of sentencing is not reasonable.

B. The crime of this case as to Defendant B’s unfair argument of sentencing is that the Defendants acquired 50 million won from the damaged person, and the crime of this case is not good, and that Defendant B did not agree with the injured person even though the acquired amount is reasonable, and that Defendant B had a record of punishment for the same crime is disadvantageous to Defendant B.

However, in full view of the fact that Defendant B is against his mistake, that Defendant B deposited KRW 7 million in the original trial, that Defendant B deposited in the first instance trial for the victim, and the degree, age, sexual conduct, environment of Defendant B’s participation in the instant crime, background and motive leading to the instant crime, and all other matters pertaining to the sentencing as indicated in the records and changes of the instant case, the sentence of the lower judgment is too unreasonable.

Therefore, Defendant B’s argument of sentencing is justified.

3. In conclusion, Defendant A’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. However, Defendant B’s appeal is with merit.

유사 판례

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