(영문) 부산지방법원 2018.05.25 2018노780 | 리걸엔진

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(영문) 부산지방법원 2018.05.25 2018노780

사기등

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The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for a year and two months and by a fine of KRW 400,00.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) explicitly withdrawn all of the remaining arguments except unfair claims on the first trial date.

The sentence of the lower court (one year and six months of imprisonment, fines of KRW 400,00,000, and orders to complete sexual assault treatment programs) is too unreasonable.

2. An unfavorable circumstance is that the Defendant had a record of criminal punishment, including punishment for the same kind of crime, and that there seems to be a high possibility of criticism as to each of the crimes of this case indiscreetly in a short period of one month, and that the degree of the Defendant’s water shape was somewhat insufficient.

However, in addition to the favorable circumstances, such as the fact that the defendant recognized the crime, the amount of damage to property crimes, such as embezzlement, fraud, larceny, etc. of each possession of the judgment, was relatively small or attempted, and the defendant expressed his intent that the victim was not willing to be punished against the defendant although he did not have agreed to compensate and agree on the damage to the victim V of the crime of forced indecent act, and that the above victim did not want to be punished against the defendant among the victims who actually suffered property damage of the crime of this case, the court below agreed with the victim X (C, H,O, and A). The victim X shall compensate the victim X for the amount of damage and seek the preference against the defendant, and the defendant's ar seek the preference against the defendant, and the defendant's ar or the defendant's son desires to take the preference against the defendant, the defendant's age, environment, motive and background of the crime, the means and result of the crime of this case, etc., are too similar to the punishment conditions in all the records and arguments of this case.

The decision is judged.

We accept the defendant's unfair argument in sentencing.

3. The appeal by the defendant is reasonable, and Article 364 of the Criminal Procedure Act is reasonable.

유사 판례

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