(영문) 부산지방법원 2019.10.24 2019노1899 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2019.10.24 2019노1899

사기등

Text

The judgment below

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

Defendant

B A person shall be punished by imprisonment for a year and eight months.

Defendant .

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (a punishment of one year and two months of imprisonment, a penalty of 7.1 million won, a penalty of two years of imprisonment, and a penalty of five million won of collection) is too unreasonable.

2. The crime of this case is acknowledged in light of the fact that the Defendants took part in the Bosing crime organized and planned against many unspecified victims, and that there is a great social harm and injury to the Bosing crime, which requires strict punishment, and that the Defendants do not take a significant portion of the role performed in the entire Bosing crime of this case, and that the period during which Defendant B took part in the crime of this case has expired.

However, in full view of the following: (a) the Defendants appeared to have committed a crime; (b) there is no means to impose criminal punishment against both the Defendants; (c) Defendant A and the victim W; and (d) Defendant B agreed with the victim A, AC, AD, and AE; (c) Defendant B and agreed with the victim AJ; and (d) the remaining victims AJ and the victims agreed with the above victims after partial recovery; and (e) other various sentencing conditions, such as the Defendants’ age, criminal records, character and conduct, motive and background of the crime, and circumstances after the crime, etc., given that the sentence imposed on Defendant A was made within the reasonable scope of discretion; and (d) it is unreasonable to deem that the sentence imposed on Defendant B is too unreasonable.

Therefore, Defendant B’s assertion is with merit, while Defendant A’s assertion is without merit.

3. In conclusion, since Defendant B’s appeal is well-grounded, pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment below against Defendant B among the judgment below is reversed, and it is again decided as follows. Since Defendant A’s appeal is without merit, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided

Re-use.

참조조문

-형사소송법 제364조 제4항

-형사소송법 제364조 제6항

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